[HISTORY: Adopted by the Town Board of the Town of Niagara 10-11-1988 by L.L. No. 11-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 245.
[Added 7-14-1992 by L.L. No. 6-1992[1] ]
The title of this chapter shall be "A local law regulating the establishment of adult entertainment facilities and prohibiting the exposure of the body or promotion of the exposure of the body."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The purpose of this chapter is to prevent the exposure of the human body and to prevent the promotion of the exposure of the human body when that exposure is done in an obscene or lewd manner in a public place.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this chapter, the following terms shall have the meanings indicated:
BOTTOMLESS
Any manner of dress in which a person appears with less than completely and opaquely covered human genitals and/or pubic region.
LEWD OR OBSCENE
As defined by the laws of the State of New York or the Penal Law of the State of New York.
PERSON
Any person, firm, partnership, corporation, association or legal representative acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
D. 
Acts of a nature involving the sexual touching of humans and animals.
TOPLESS
Any manner of dress in which a female appears with the breast region exposed below a point immediately above the top of the areola.
A. 
It shall be unlawful for a person to expose themselves at any time in a public place, and such conduct is prohibited whenever such exposure is done in an obscene or lewd manner.
B. 
A female is guilty of exposure when, in a public place, she appears clothed or costumed in such a manner that the portion of her breast below a point immediately above the top of the areola is not covered with a fully opaque covering. In addition, female exposure is also defined as conduct prohibited and set forth and defined in the definitions of "bottomless," "specified anatomical areas," "specified sexual activities" and "topless" in § 93-3. All such exposure is prohibited when done in an obscene or lewd manner.
C. 
A male is guilty of exposure when, in a public place, he appears or conducts himself as prohibited and set forth and defined in the definitions of "bottomless," "specified anatomical areas" and "specified sexual activity" in § 93-3, and such conduct is done in an obscene or lewd manner.
Except as provided in § 93-7, it shall be unlawful for a person to promote the obscene or lewd exposure of another person as defined in § 93-4 when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where:
A. 
A female appears clothed or costumed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering or a female appears or conducts herself as prohibited and set forth and defined in the definitions of "bottomless," "specified anatomical areas," "specified sexual activities" and "topless" in § 93-3.
B. 
A male appears or conducts himself as prohibited and set forth and defined in the definitions of "bottomless," "specified anatomical areas" and "specified sexual activity" in § 93-3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The conduct prohibited in §§ 93-4 and 93-5 of this chapter shall be prohibited whether or not such person is entertaining or performing in a play, exhibition, show or entertainment and the conduct is obscene or lewd. This chapter shall not apply to the breast-feeding of infants.
[Added 7-14-1992 by L.L. No. 6-1992]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORES
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes.
ADULT ENTERTAINMENT CABARET
An establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar performers.
ADULT THEATER
A theater that customarily presents motion pictures, films, videotapes or slide shows.
PEEP SHOWS
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
B. 
Restrictions.
(1) 
The uses as defined in Subsection A are to be restricted as to location in the following manner:
(a) 
Any of the above uses shall not be located within a one-thousand-foot radius of any area zoned for residential use.
(b) 
Any of the above uses shall not be located within a one-half-mile radius of another such use.
(c) 
Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
(d) 
Any of the above uses shall be approved only for establishment within districts designated L-I (Light Industrial) or H-I (Heavy Industrial).[1]
[1]
Editor's Note: See Ch. 245, Zoning.
(2) 
Waiver. The restrictions enumerated in Subsection B(1) above may be waived by the Town Board if the applicant shows and the Board finds that the following conditions have been met:
(a) 
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed;
(b) 
That establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
(c) 
That 51% or more of the property owners within the restricted area as defined in Subsection B(1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
(3) 
Limitation. No more than one of the adult entertainment facilities as defined above shall be located on any lot.
[Amended 7-14-1992 by L.L. No. 6-1992]
A. 
Violation of this chapter is punishable by a fine of $250 or 15 days in jail or both.
B. 
Each incidence of violation of this chapter shall be a separate offense.