[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.]
GENERAL REFERENCES
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:
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.[1]
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
