[HISTORY: Adopted by the Board of Trustees of the Village of Walden 8-10-1982 by L.L. No. 5-1982 (Ch. 48 of the 1982 Code). Amendments noted where applicable.]
Zoning — See Ch. 305.
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics; that such activities are deleterious to the health, welfare and well-being of the Village of Walden and those who live within the Village; and that the concentration of such activities can and does adversely and seriously endanger the adjacent areas thereto. It is recognized that special regulation of these uses is necessary to ensure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. It is further recognized that, because the Village of Walden is a small village, the proliferation of such uses could dangerously affect the welfare of the entire community and that regulation is required in order to prevent such endangering.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- An establishment, whether retail or wholesale, having as a substantial portion of its stock-in-trade sexual devices, books, magazines, other periodicals, motion pictures, films and viewing materials, both audio and visual, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
- ADULT MOTION-PICTURE THEATER
- A building used for presenting films which are distributed in forms of less than thirty-five-millimeter distribution standards, which films are characterized by an emphasis on matter depicting or describing or related to specified anatomical areas for observation by patrons therein.
- MOTION PICTURE
- Film or films, videotapes, continuous slides or pictures of any nature in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.
- SADOMASOCHISTIC ABUSE
- Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costumes, or the condition of one who is nude or clothed and is being fettered, bound or otherwise physically restrained.
- SEXUAL CONDUCT
- Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals, in an act of actual or apparent sexual activity, sexual stimulation or sexual gratification.
Adult bookstores and adult motion-picture theaters are hereby deemed to be regulated uses.
No regulated use may be located within 1,500 feet of any other regulated use nor within 500 feet of a residentially zoned area under the Zoning Map of the Village of Walden or within 500 feet of any house of worship, school, library, hospital, sanatorium, nursing home or rest home, civic- or youth-oriented center, historic preservation site, public park or playground.
Only one sign shall be permitted, visible from the exterior of a building which is occupied by a regulated use, and such sign shall be no larger than six square feet, nor shall such sign consist of any material other than plain lettering. Such sign shall have no photographic or artistic representation whatsoever thereon.
No regulated use shall cause to be exposed to public view, visible from the outside of the premises, any of the materials regulated by this chapter.
The use or occupancy of any building or structure as an adult bookstore or an adult motion-picture theater at the time of the adoption of this chapter may continue although such does not conform to the regulations specified by this chapter, except that such use shall be made to comply and conform to the provisions of this chapter within six months after the adoption of this chapter. Should any regulated use now be conducted at a location which violates the provisions of Subsection A of this section, such use would be discontinued within 12 months from the adoption of this chapter.
This chapter shall apply to any person, firm, corporation or other entity which actually engages in the conduct of a regulated use under this chapter and shall further and equally apply to the owner of any building, structure or premises upon which such regulated use is conducted; any violation of this chapter shall subject both the person, firm, corporation or entity conducting such regulated use and the owner of the premises upon which such regulated use is conducted to the penalties herein provided.
Each violation shall constitute a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to a fine not to exceed $250 or by imprisonment for not more than 15 days, or both.