[HISTORY: Adopted by the Board of Trustees of the Village of Port
Chester 12-11-2000 by L.L. No. 17-2000.
Amendments noted where applicable.]
GENERAL REFERENCES
Dance halls and cabarets — See Ch. 165.
A.
The purpose of this chapter is to promote the health,
safety, morals and the general welfare of this community, including the protection
and preservation of the property of this village and of its inhabitants and
also of its peace and good order by limiting nudity within the village, which
activity adversely impacts and threatens to impact on the public health, safety
and welfare by providing an atmosphere conducive to violence, sexual harassment,
public intoxication, prostitution and the spread of sexually transmitted diseases
and other deleterious effects. The certain activities specified in this chapter,
carried on in public places, are highly detrimental to the public health,
safety and welfare. They lead to the debasement of men and women and promote
violence.
B.
To accomplish those purposes, this chapter regulates
conduct alone. The Village Board is aware of the secondary effects such conduct
has had on other communities throughout the country, including Erie, Pennsylvania,
and in the cases, Barnes v. Glen Theatre, Inc., 501 U.S. 560, Renton v. Playtime
Theatres, Inc., 475 U.S. 41 and Young v. American Mini Theatres, Inc., 427
U.S. 50. The Village Board considers the avoidance of the effect of the conduct
prohibited by this chapter to be important to the village and its citizens.
As used in this chapter, the following terms shall have the meanings
indicated:
Sexual conduct between persons not married to each other consisting
of contact between the penis and anus, the mouth and penis or the mouth and
the vulva.
The showing of the human male or female genitalia, pubic hair or
buttocks with less than a fully opaque covering; the showing of the female
breast with less than a fully opaque covering of any part of the nipple; the
exposure of any device, costume, or covering that gives the appearance of
or simulates the genitals, pubic hair, natal cleft, perineum anal region or
pubic hair region; or the exposure of any device worn as a cover over the
nipples and/or areola of the female breast, which device simulates and gives
the realistic appearance of nipples and/or areola.
Includes all outdoor places owned by or open to the general public,
and all buildings and enclosed places owned by or open to the general public,
including such places of entertainment, taverns, restaurants, clubs, theaters,
dance halls, banquet halls, party rooms or halls limited to specific members,
restricted to adults or to patrons invited to attend, whether or not an admission
charge is levied.
Has its ordinary meaning and occurs upon any penetration, however
slight.
B.
The prohibition set forth in § 245A-3A(3) shall not apply to:
Any person violating any provision of this chapter shall, upon conviction,
be guilty of a misdemeanor and shall be subject to a fine not to exceed $250
for a first offense and not to exceed $1,000 for a second or subsequent offense
or by imprisonment for a term not to exceed 15 days, or both such fine and
imprisonment.