Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 12-7-1989 as L.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 192.
In the development and execution of this chapter, it is recognized that adult bookstores or adult video rental stores, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent area. Special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or pose a threat to the welfare and safety of the public. It is further declared that the location of these uses in regard to areas where youths may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Fort Plain.
[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:
ADULT BOOKSTORE or ADULT VIDEO RENTAL STORE
An establishment having as a substantial or significant portion of its stock-in-trade, for sale or for rent, books, magazines, other periodicals, films, slides or videos which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activity or specific anatomical areas or otherwise considered as being obscene, as defined below, for observation by patrons therein or elsewhere.[1]
OBSCENE
Any material or performance is "obscene" if the average person, applying contemporary community standards, would find that, considered as a whole, its predominant appeal is to the prurient interest in sex and depicts or describes, in a patently offensive manner, actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals and, as considered as a whole, it lacks serious literary, artistic, political and scientific value. Predominant appeal shall be judged with reference to ordinary adults, unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audiences.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock and 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.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
It shall be unlawful to hereafter establish any adult bookstore or adult video rental store within 300 feet of any building containing a residential dwelling or rooming unit or to establish any adult bookstore or adult video rental store within 500 feet of any other adult bookstore or adult video rental store.
It shall be unlawful to hereafter establish any adult bookstore or adult video rental store within 500 feet of the real property line of any school or within 150 feet of a bus stop for the picking up and dropping off of school children.
It shall be unlawful to hereafter establish any adult bookstore or adult video rental store within 500 feet to the nearest property line of any library, park or playground and at least 500 feet from the nearest property line of any church or other place of worship.
The restrictions enumerated in this chapter may be waived by the Village Zoning Board of Appeals if the applicant shows and the Board finds that all the following conditions have been met in addition to all other general zoning conditions:
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 the establishment of such use in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
C. 
That 51% or more of the property owners within the restricted area have signed a petition stating that they have no objection to the establishment of an adult bookstore or adult video rental store.
D. 
That no more than one such adult bookstore or adult video rental store shall in any event be established in such restricted area even if conditions in Subsections A, B and C above are satisfied.
Any person who violates any of the provisions of this chapter shall be guilty of a violation and subject to a fine not to exceed $250 or 15 days' imprisonment, or both. Each day during any portion in which any violation of this chapter is committed, permitted or continued shall constitute a separate offense, each offense which shall be subject to such fine.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Nothing contained in this chapter shall be construed to apply to:
A. 
The purchase, distribution, exhibition or loan of any work of art, book, magazine or other printed or manuscript material by any accredited museum, library, school or institution of higher learning.
B. 
The exhibition or performance of any play, drama, tableau or motion picture by any theater, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds.
C. 
Persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this chapter when such possession, participation, distribution or conduct occurs in the course of law enforcement activities or in the course of bona fide scientific, educational or comparable research or study or like circumstances of justification.