[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
5-12-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
It is the purpose of this chapter to prohibit the creation, opening,
commencement and/or operation of adult use and entertainment establishments,
as herein defined, in order to achieve the following:
A.
To preserve the character and the quality of life in
the Village of Pittsford's neighborhoods and business areas.
B.
To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas as decreased property values,
attraction of transients, parking and traffic problems, increased crime, loss
of business for surrounding nonadult businesses and deterioration of neighborhoods.
C.
To restrict minors' access to adult uses.
D.
To maintain the general welfare and safety for the Village
of Pittsford's residents.
As used in this chapter, the following terms shall have the meanings
indicated:
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time which the images so displayed are distinguished or characterized
by depicting or describing specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its principal business purposes,
offers for sale or rental for any form of consideration any one or more of
the following:
Books, magazines, periodicals or other printed matter or photographs,
films motion pictures, video cassettes or video reproductions, slides or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with specified
sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as an adult bookstore or adult video store so long as
one of its principal business purposes is the offering for sale or rental
for consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas. For purposes of this definition,
"principal business purpose" shall meet 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display of such
merchandise; or
The amount of advertising which is devoted to such merchandise, either
in print or broadcast media.
Any nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which offers accommodations
to the public for any form of consideration; provides patrons with closed-circuit
television, transmissions, films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or special anatomical areas;
and has a sign visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
A public or private establishment, or any part thereof, which presents
any of the following entertainments, exhibitions or services:
Topless and/or bottomless dancers.
Strippers.
Topless waitressing, busing or service.
Topless hair care or massages.
Service or entertainment where the servers or entertainers wear pasties
or G-strings, or both.
Adult arcade.
Adult bookstore or adult video stores.
Adult cabarets.
Adult motels.
Adult motion-picture theaters.
Adult theaters.
Escort agencies.
Nude-model studios.
Sexual encounter centers.
Adult use and entertainment establishments customarily exclude minors
by reason of age.
A person who, for a fee, tip or other consideration, agrees or offers
to act as a date for another person; for consideration, agrees or offers to
privately model lingerie for another person; for consideration, agrees or
offers to privately perform a striptease for another person; or for consideration
but without a license granted by the State of New York, agrees or offers to
provide a massage for another person.
A person or business association who furnishes or offers to furnish
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip or other consideration.
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is regularly provided to be observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by other persons
who pay money or any form of consideration.
The appearance of specified anatomical areas.
Any individual, proprietorship, partnership, corporation, association
or other legal entity.
A state of dress in which clothing covers no more than the specified
anatomical areas, as well as portions of the body covered by supporting straps
or devices.
A business or commercial enterprise that, as one of its primary business
purposes, offers, for any form of consideration, activities between male and
female persons and/or persons of the same sex when one or more of the persons
is in a state of nudity or seminude.
Includes any of the following:
All adult use and entertainment establishments, as defined herein, are
not permitted in any zoning district in the Village of Pittsford, New York.
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties therein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in or the pendency of a civil action of law or in equity shall
be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
