[HISTORY: Adopted by the Town Board of the Town of Van Buren 4-22-1996
by L.L. No. 5-1996. Amendments noted where applicable.]
Based upon the considered judgment of the Town Board, and after conducting
a public hearing in regard thereto, the Town of Van Buren has determined that
certain regulations of public entertainment are needed and necessary in order
to promote the general good, morals, health and welfare of the citizens, including
the children of the town and that the regulations set forth herein will promote
and further those goals.
The words and terms used in this chapter shall have the following meanings:
A public establishment which permits or provides space for topless dancers,
bottomless dancers, nude dancers or strippers, male and/or female; or
A public establishment used for or engaged in any manner in presenting,
lending or selling motion picture films, video cassettes, cable television
or any other such visual media or used for presenting, lending or selling
books, magazines, publications or any other written materials distinguished
or characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas" as hereafter
defined.
A human being, a public or private corporation, an unincorporated
association, a partnership or any business entity (including but not limited
to a limited liability company).
Any facility, building or area located within the Town of Van Buren
to which members of the general public are invited or otherwise allowed access
or entry with or without fee.
Adult entertainment businesses are prohibited within:
A.Â
One thousand feet of any single-family, two-family or
multiple-family dwelling, including structures devoted to both residential
and commercial or business purposes.
B.Â
One thousand feet of any public or private school.
C.Â
One thousand feet of any church or other religious facility
or institution.
D.Â
One thousand feet of any public park.
The distances provided in this chapter shall be measured by following
a straight line, without regard to intervening buildings, from the nearest
point of the property parcel upon which the adult entertainment business is
to be located to the nearest point of the parcel of property or the land use
district boundary line from which the adult entertainment business is to be
separated.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine of not more
than $250 or imprisonment for not more than 15 days, or both. Each day of
continuance of an offense shall be considered a separate offense.
In addition to any criminal penalty, any person violating this chapter
shall be liable for a civil penalty of $500 to the town to be recovered by
the town in a civil action or special proceeding. Each day such violation
continues shall constitute a separate violation of this chapter and the person
shall be liable each day for the civil penalty. The town may also maintain
an action or special proceeding for an injunction or equitable relief to compel
compliance with or to restrain the violation of this chapter. The use of any
one remedy shall not prevent the use of any additional remedy hereunder. The
listing of remedies in this chapter shall not deprive the town of the use
of any other remedies provided by other provisions of law.
This chapter is enacted pursuant to the power granted to the town by,
but not limited to, the New York State Constitution, the New York Municipal
Home Rule Law, the New York State General Municipal Law and the
New York State Town Law.
