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City of Fulton, NY
Oswego County
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Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Common Council of the City of Fulton 9-6-1995 by L.L. No. 10-1995 (Ch. 34, Art. I, of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 640.
Adult entertainment businesses are prohibited within:
A. 
One thousand feet of any residential zoning district or any single-family, two-family or multiple-family dwelling, including structures devoted to both residential and commercial or business purposes.
B. 
One thousand feet of any public or private school.
C. 
One thousand feet of any church or other religious facility or institution.
D. 
One thousand feet of any public park.
The distances provided in this article 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 entertainment business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment business is to be separated.
Words and terms used in this article shall have the following meanings:
ADULT ENTERTAINMENT BUSINESS
A. 
A public establishment which features topless dancers, nude dancers or strippers, male or female.
B. 
An enclosed building used for presenting, lending or selling motion-picture films, videocassettes, cable television or any other such visual media or used for presenting, lending or selling books, magazines, publications or any other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereafter defined.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
The violation of this article shall be a misdemeanor. In addition, any person violating this article shall be liable to a civil penalty of $500 to be recovered by the City in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this article. This City 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 article. The use of any remedy shall not prevent the use of any other remedy hereunder. The listing of remedies herein shall not deprive the City of the use of any other remedies provided by other provisions of law.
The provisions of this article shall not apply to any theater, concert hall or similar establishment which is primarily devoted to theatrical performances.