Town of Bath, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bath 12-8-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
It is the intent of the Town of Bath to regulate adult uses in order to reduce or mitigate potential secondary impacts of such uses that have occurred in other communities, including but not limited to increased crime rates, noise, and traffic; decreased property values; and general deterioration of neighborhoods and hindrance of economic development.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT USES
Adult uses shall be defined as follows:
A. 
A commercial establishment which has a significant or substantial portion of its stock-in-trade in or derives a significant or substantial portion of its revenues from or devotes a significant or substantial portion of its interior business or advertising to the sale of, for or rental of, for any form of consideration, any one or more of the following: books, magazines, periodicals or other visual representations which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities and which are for sale, rental, or viewing on or off the premises. An establishment may have other principal business purposes that do not involve the offering for sale or rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult book and/or video store so long as one of its principal purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
B. 
A public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators of exotic dancers, or other similar entertainment, or film, motion pictures, videos, slides or other photographic material or which utilizes employees, as part of their employment, to regularly expose patrons to specified sexual activities or anatomical areas.
C. 
Any motion-picture theater where, for any form of consideration, films, motion pictures, videocassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by the emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
D. 
A theater, concert hall, auditorium, or similar establishment which, or any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
E. 
Any establishment having a fixed place of business where massages, or any other treatment or manipulation of the human body, are administered for any form of consideration or gratuity as part of or in connection with specified sexual activities or where any person providing such treatment or services related thereto exposes specified anatomical areas. This definition shall not be construed to include hospitals, nursing homes, or medical clinics, or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
A. 
Human genitals, pubic region, buttocks, and female breasts directly and laterally below the top of the areola that are less than completely and opaquely covered by clothing; and
B. 
Human male genitals in a discernible turgid state even if completely and opaquely covered by clothing.
A. 
Human genitals in a state of sexual stimulation or arousal; or
B. 
Acts of human masturbation, sexual intercourse, oral copulation, or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic regions, buttocks, or breasts.
Adult uses shall be permitted subject to the following restrictions:
A. 
Adult uses are prohibited:
(1) 
Within 1,200 feet of any single-family, two-family, or multiple-family dwelling.
(2) 
Within 1,200 feet of any public or private school or day-care center.
(3) 
Within 1,200 feet of any church or other religious facility or institution.
(4) 
Within 1,200 feet of any public park, public bike path, playground, playing field, cemetery, or civic or recreational facility.
(5) 
Within 8,000 feet of any other existing adult use.
B. 
No more than one adult use shall be located on any lot.
C. 
The distances provided above 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 use is to be located to the nearest point of the property parcel from which the adult use is to be separated.
D. 
No adult use shall be conducted in any manner that allows the observation of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas from any property not operating as an adult use. This provision shall apply to any sign, show, window, or other opening.
E. 
There shall be no outdoor sign, display, or other advertising of any kind other than one identification sign limited to only the name of the establishment.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250, or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense. The Town may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to restrain the violation of, this chapter. The use of any remedy shall not prevent the use of any other remedy hereunder. The listing of remedies herein shall not deprive the Town of the use of any other remedies provided by other provisions of law.