[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 7.08 of the prior Code. Amendments noted where applicable.]
It is the intent of this chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, and
general welfare of the citizens of the Town of Rome, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Town
of Rome. The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly,
it is neither the intent nor effect of this chapter to restrict or
deny access by adults to sexually oriented materials protected by
the First Amendment, or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene materials.
Based on evidence concerning the adverse secondary effects of
sexually oriented businesses on the community in reports made available
to the Town Board, and on the holdings and findings in the cases of
City of Erie v. Pay's A.M., 120 South Court 1382 (2000); City
of Renton v. Playtime Theatres. Inc., 475 U.S. 41 (1986); Young v.
American Mini Theatres. 426 U.S. 50, (1976); and Barnes v. Glen Theatre.
Inc., 501 U.S. 560 (1991); City of Newport. KY v. Iacobucci, 479 U.S.
92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); Schultz
City of Cumberland, Case Nos. 98-4 126 and 98-4209 (7th Cir,, September
26, 2000)(2000 U.S. App. LEXIS 23773); DLS, Inc. v. City of Chattanooga,
107 F3d 403 (6th Cir. 1997); Key. Inc. v. Kitsap County, 793 F. 2d
1053 (9th Cir. 1986); Hang On. Inc. v. City of Arlington, 6SF. 3d
1248 (5th Cir. 1995); East of the River Enterprises II v. City of
Hudson, 2000 WI. App. Lexis 734 (Ct. App. Aug. 1, 2000); and Urmanski
v. Town of Bradley, 2000 WI App. 141,613 N.W.2d 905 (Ct. App. 2000),
as well as studies and summaries of studies conducted in other cities,
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota;
Houston, Texas; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; Cleveland. Ohio; and Beaumont, Texas; and findings
reported in the Regulation of Adult Entertainment Establishments in
St. Croix County, Wisconsin; and the Report of the Attorney General's
Working Group on the Regulation of sexually oriented businesses (June
6, 1989, State of Minnesota), the Town Board finds that:
A.Â
Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located.
B.Â
Studies of the relationship between sexually oriented businesses
and neighborhood property values have found a negative impact on both
residential and commercial property values.
C.Â
Sexually oriented businesses may contribute to an increased public
health risk through the spread of sexually transmitted diseases.
D.Â
There is an increase in the potential for infiltration by organized
crime for the purpose of unlawful conduct.
E.Â
The consumption of alcoholic beverages on the premises of a sexually
oriented businesses exacerbates the deleterious secondary effects
of such businesses on the community.
The following terms shall have the following meanings:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical
areas."
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, videocassettes or video reproductions, slides,
or other visual representations that depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials that depict or describe specified
sexual activities or specified anatomical areas. A principal business
purpose need not be a primary use of an establishment so long as it
is a significant use based upon the visible inventory or commercial
activity of the establishment.
A nightclub, dance hall, bar, restaurant, or similar commercial
establishment that regularly features:
Persons who appear in a state of nudity or seminudity;
Live performances that are characterized by "specified sexual
activities"; or
Films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or nudity or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions,
which are characterized by the depiction of specified sexual activities
or specified anatomical areas; and has a sign visible from the public
right-of-way which advertises the availability of this adult type
of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub rent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity or semi-nudity, and/or live performances that
are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities."
The human female mammary gland.
The area at the rear of the human body referred to as the
"gluteus maximus," the fleshy part of the body at the back of the
hips upon which a person sits.
A person who performs any service on the premises of a sexually
oriented business on a full time, part time, contract basis, or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise, and whether or not the said person
is paid a salary, wage, or other compensation by the operator of said
business. "Employee" does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on
the premises, or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron
or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration,
Means and includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business;
The relocation of any sexually oriented business; or
A sexually oriented business or premises on which the sexually
oriented business is located.
Shall be the equivalent of the word "forfeiture," and vice
versa.
Personal property of any kind and shall include goods provided
incidental to services offered or sold.
The Adams County Health Department, Health Officers, or his/her
designee or authorized agent.
A facility licensed by the State of Wisconsin, under § 48.65,
Wis. Stats, whether situated within the Town or not, that provides
care, training, education, custody, treatment or supervision for more
than four children under 14 years of age, where such children are
not related by blood, marriage or adoption to the owner or operator
of the facility, for less than 24 hours a day, regardless of whether
or not the facility is operated for profit or charges for the services
it offers.
Municipality is any city, village, Town or county.
Any building or land lawfully occupied by a use at the effective
date of a Town ordinance or amendment thereto which does not conform
after passage with the requirements of the ordinance or amendment.
The appearance of the human bare anus, anal cleft or cleavage,
pubic area, male genitals, female genitals, or the nipple or areola
of the female breast, with less than a fully opaque covering; or the
showing of the covered male genitals in a discernibly turgid state;
Pertains to and is the purpose for which a building is used
or intended to be used.
Any person occupying or having use of a building, structure,
premises of any part thereof.
The person on the premises who is responsible for the control
and management of the sexually oriented business.[1]
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
A customer on the premises of a sexually oriented business,
Any public or private land area where motor vehicles are
parked or stored temporarily, but not including the wrecking of automobile
or other vehicles or storage for the purpose of repair or wrecking.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.[2]
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including
but not limited to the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto,
under the ownership, control or supervision of the owner or operator
of the business.
A thing, act, occupation, condition or use of property, which
shall continue for such length of time as to substantially annoy,
injure or endanger the comfort, health, repose or safety of the public;
in any way render the public insecure in life or in the use of property;
greatly offend the public morals or decency; unlawfully and substantially
interfere with, obstruct or tend to obstruct or render dangerous for
passage any street, alley, highway, navigable body of water or other
public way or the use of public property.
Recurring on a basis which is frequently, customarily or
typically.
The exposure of a bare male or female buttocks or the female
breast below a horizontal line across the top of the areola at its
highest point with less than a complete and opaque covering.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
A.Â
It shall be a violation of this chapter for any person to knowingly
and intentionally appear in a state of nudity in a sexually oriented
business.
B.Â
No person shall perform specified sexual activities on the licensed
premises.
C.Â
The use of simulated sexual organs is prohibited on the licensed
premises.
D.Â
The sale use, or consumption of alcoholic beverages on the premises
of a sexually oriented business is prohibited.
E.Â
No person, employee or patron shall be permitted to have any physical
contact with any entertainer on the premises during any performance.
All performances shall only occur on a stage or table that is elevated
at least 18 inches above the immediate floor level. To prevent actual
physical contact between an entertainer and any other person, employee,
or patron, all performances shall not be less than five feet from
any area occupied by any patron. Persons, employees and patrons shall
not have any physical contact with, and shall not be less than five
feet from, any entertainer during the payment of a tip or gratuity.
F.Â
It shall be unlawful to allow a person who is younger than 18 years
of age to enter or be on the premises of a sexually oriented business
at any time the sexually oriented business is open for business.
G.Â
It shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
businesses regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of 18 years from entering the
sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of 18 unless such attendant asked
for and was furnished a valid:
(1)Â
Operator's, commercial operator's, or chauffeur's
driver's license;
(2)Â
Personal identification card issued by the state of residence of
the individual seeking entry reflecting that such person is 18 years
of age or older; or
(3)Â
Passport or official identity card issued by the government of the
nation of which the individual seeking entry is a citizen.
H.Â
No person shall cause another to commit a violation of this chapter,
nor shall any person permit such violation to occur on any premises
under his/her control, tenancy, management or ownership.
I.Â
No sexually oriented business regulated by this chapter may remain
open between the hours of 2:00 a.m. and 8:00 a.m., except on Saturday
and Sunday, when the closed hours shall be between 2:30 a.m. and 8:00
a.m.
J.Â
All premises governed by this chapter shall be required to post signs
provided by the Town of Rome, which state: "By Town of Rome Ordinance:
The use or consumption of alcoholic beverages on these premises is
prohibited. No person shall be permitted to have any physical contact
with any entertainer. No person shall be less than five feet from
any entertainer, including during the payment of tips. Violators may
be subject to a fine of not less than $100 and not more than $500
per violation."
K.Â
Each entryway to a sexually oriented business featuring live entertainment
shall through use of a vestibule, screening, or double doors, and
with window coverings, eliminate any direct line of sight from the
exterior of the building to any entertainer on the premises. There
shall be no interior entrance to or exit from a sexually oriented
business from or into an adjoining premises which is not a sexually
oriented business. The interior premises of a sexually oriented business
shall not be visible by any means from another premises, whether adjoining
or separate, which is not a sexually oriented business.
L.Â
Law enforcement access. Law enforcement shall be allowed access to
the premises at all times.
M.Â
Manager. A manager shall be on the premises at all times the business
is open. The manager shall be responsible for controlling the behavior
of customers and entertainers.
N.Â
Monitoring. The business shall be equipped with video cameras sufficient
to monitor and record the parking lot and entire exterior of the building
for a minimum distance of 10 feet from the exterior walls. Tapes of
the monitoring shall be kept for a minimum of seven days and shall
be provided to law enforcement upon request.
O.Â
Exterior lighting. The entire parking lot shall be illuminated sufficiently for patrons to safely walk to and from their vehicles. A ten-foot perimeter of the exterior of the building shall be illuminated sufficiently to allow the adequate performance of the video surveillance required in Subsection N.
P.Â
Physical layout of premises. No sexually oriented business shall
have available for customers, patrons, or members, any booth, room
or cubicle for the private viewing of any adult entertainment unless
the following requirements are complied with:
(1)Â
Access. Each booth, room, or cubicle shall:
(a)Â
Be separated from adjacent booths, rooms, or cubicles and any
nonpublic areas by a wall;
(b)Â
Have at least one side totally open to a public, lighted aisle
so that there is an unobstructed view at all times of anyone occupying
the booth, room, or cubicle;
(c)Â
Have solid, nonbreakable walls without any openings, extended
from the floor to a height of not less than six feet and shall be
light colored, with a nonabsorbent, smooth-textured and easily cleanable
surface;
(d)Â
Have a light-colored, nonabsorbent, smooth-textured and easily
cleanable floor;
(e)Â
Have at all times when not in use a minimum lighting level of
10 footcandles as measured three feet above the floor.
(2)Â
Only one individual shall occupy a booth, room, or cubicle at any
time.
(3)Â
The operator shall ensure there is conspicuously posted inside each
booth, stall, partitioned portion of a room, or individual room an
unmutilated and undefaced sign or poster supplied by the Health Department
which contains information regarding sexually transmitted diseases
and the telephone numbers from which additional information can be
sought.
(4)Â
The operator shall ensure that there is conspicuously displayed at
a place near the main entrance of the establishment, or portion thereof,
any information, brochures, or pamphlets supplied by the Health Department
pertaining to sexually transmitted diseases.
(5)Â
The operator shall ensure there is posted regulations concerning
booth occupancy on signs with lettering at least one-inch high that
are placed in conspicuous areas of the establishment and in each of
the viewing enclosures.
(6)Â
Public display. The public display, through windows, doors, signs
or otherwise, of explicit materials, depictions and performances are
prohibited.
A.Â
Application. Application for an annual sexually oriented business
license shall be made to the Town Clerk/Treasurer. The Clerk/Treasurer
shall notify the Police Department and Fire Chief of the license application,
publish a Class I notice of such application and have the license
application submitted to the Town Board within 30 days of application.
Investigating officials shall submit written reports and recommendations
to the Town Board. A public hearing shall be held on the application,
preceded by a Class II notice. The Town Board may take any testimony
regarding the granting or denial of such license. The application
shall include the following:
(1)Â
Name, including all aliases, address and date of birth of applicant;
(2)Â
Written proof that the individual is at least 18 years of age;
(3)Â
All residential addresses of the applicant for the past 10 years;
(4)Â
The business, occupation, or employment of the applicant for 10 years
immediately preceding the date of application;
(5)Â
The exact nature of the entertainment to be conducted;
(6)Â
Whether the applicant previously operated in this or any other state,
county or municipality under a sexually oriented business license
or similar business license; whether the applicant has ever had such
a license revoked or suspended, the reason therefor, and the business
entity or trade name under which the applicant operated that was subject
to the suspension or revocation (the applicant shall provide the name
of the municipality/state where such license was suspended or revoked);
(7)Â
All criminal and traffic convictions, whether federal or state, or
municipal ordinance violation convictions and forfeiture of bond on
all charges, except traffic offenses;
(8)Â
Fingerprints made by a law enforcement agency and two portrait photographs,
at least two inches by two inches, of the applicant;
(9)Â
The address of the sexually oriented business to be operated by the
applicant;
(10)Â
Proof of right to occupy the premises; and
(11)Â
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and state of incorporation,
and the name and address of the registered agent of the corporation.
B.Â
General standards. To receive a license to operate a sexually oriented
business, an applicant must meet the following standards:
(1)Â
If the applicant is an individual:
(a)Â
The applicant shall be at least 18 years of age;
(b)Â
Subject to Chapter 111, Wis. Stats., the applicant shall not
have been convicted of or pleaded nolo contendere, or have charges
pending or deferred prosecution to a felony or any crime involving
moral turpitude, prostitution or other crime of a sexual nature in
any jurisdiction within five years immediately preceding the date
of the application; and
(c)Â
The applicant shall not have been found to have previously violated
this chapter within five years immediately preceding the date of the
application.
(2)Â
If the applicant is a corporation:
(a)Â
All officers, directors, and others required to be named under Subsection A above shall be at least 18 years of age;
(b)Â
Subject to Chapter 111, Wis. Stats., no officer, director, or other person required to be named under Subsection A above shall have been convicted of a felony or any crime involving moral turpitude, prostitution or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and
(3)Â
If the applicant is a partnership, joint venture, limited liability
company or any other type of organization where two or more persons
have a financial interest:
(a)Â
All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18 years
of age;
(b)Â
Subject to Chapter 111, Wis. Stats., no person having a financial
interest in the partnership, joint venture or other type of organization
shall have been convicted of a felony or any crime involving moral
turpitude, prostitution or other crime of a sexual nature in any jurisdiction
within five years immediately preceding the date of the application;
and
(c)Â
No person having a financial interest in the partnership, joint
venture or other type of organization shall have been found to have
violated any provision of this chapter within five years immediately
preceding the date of the application.
C.Â
Investigation. No license shall be issued unless the Town of Rome
Police Department has investigated the applicant's qualifications
to be licensed. The results of that investigation shall be filed in
writing with the Town Clerk/Treasurer no later than 30 days after
the application.
D.Â
Inspection. The Fire Chief and/or Police Chief shall inspect the
premises proposed to be licensed to verify compliance with the Town
Code, and shall report compliance findings to the Town Clerk/Treasurer
within 30 days of the date of application.
E.Â
Proof. No license shall be issued unless the applicant provides proof
of one of the following:
(1)Â
Ownership of a properly zoned building or parcel of real property
upon which a building can be constructed. Proper zoning includes permissible
nonconforming use status.
(2)Â
A lease on a building which is properly zoned to house the establishment.
Proper zoning includes permissible nonconforming use status.
(3)Â
An option to purchase property which is properly zoned for the establishment.
(4)Â
An option to lease property which is properly zoned for the establishment.
Proper zoning includes permissible use stats.
F.Â
Action. The Town Board shall approve, modify or reject the application
based on the factors set forth in this chapter. The reasons for the
action taken shall be specified in the written record of the Town
Board.
G.Â
Probationary period. If a license issuance is approved by a majority
of the Town Board, an initial applicant shall be granted a probationary
license by the Clerk/Treasurer. An annual license shall be granted
if, upon the expiration of the six-month probationary period, no violations
under this chapter occur and the applicant corrects any deficiencies
or problems that the applicant is directed to correct. If, however,
for any reason, the application is denied by the Town Board, the Town
Board shall specify the findings made that support that denial.
H.Â
License term. The license granted under this chapter shall expire
on June 30 of each year and each license shall be subject to revocation
as hereinafter provided.
I.Â
Form of license. The Town Clerk/Treasurer shall be responsible for,
following Town Board action, issuing licenses under this chapter.
All such licenses shall specify the nature of the holder of the license
and the date for which it is applicable, as well as any conditions
that may be imposed by the Town. All such licenses shall be open to
public inspection and posted in public view on the premises for which
issued.
J.Â
Fee. All license applications shall be accompanied by a fee set by
the Town Board by resolution.
K.Â
Number of licenses limited. No more than two sexually oriented business
licenses, issued under this chapter, shall be issued within the Town
of Rome at one time, and no more than one license shall be issued
to any one individual, partnership or corporation.
L.Â
Renewals. The holder of an annual license granted under this chapter
shall submit an application for renewal at least 60 days before the
expiration of the license; failure to comply with this application
schedule shall mean that the license shall lapse and any new application
shall be reviewed as a new application. Such license may be renewed
pursuant to the provisions of this chapter that apply as to notice
being given by the Town Clerk/Treasurer and provisions for publication
and action by the Town Board.
M.Â
Penalty. In addition to any other actions allowed by law or taken
by the Town Board, including the action of license revocation or nonrenewal,
anyone who violates any of the provisions of this chapter shall be
subject to forfeiture for each and every offense, together with the
costs of prosecution. If such forfeiture and costs are not paid, such
person so convicted shall be subject to any civil penalties or other
penalties available by law. Citations may be issued to the license
holder or to his/her employees, operators or agents.
N.Â
License suspension, revocation or nonrenewal. In general, any sexually
oriented business license granted herein may be revoked, suspended
or not be renewed by the Town Board as follows:
(1)Â
If the applicant has made or recorded any statement required by this
chapter knowing it to be false or fraudulent or intentionally deceptive.
(2)Â
For the violation of any provision of this chapter; in such case,
the license shall be revoked after the second conviction thereof in
any license year.
(3)Â
After one conviction of any establishment personnel of an offense
under Ch. 944, Wis. Stats., or of an offense against the person or
property of a patron of the establishment or of an offense involving
substance scheduled in Subchapter II of Ch. 961, Wis. Stats., where
there is shown the participation or knowledge of any other establishment
personnel or of any individual within the business structure of the
applicant.
O.Â
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Town Board except upon due notice and hearing to determine
whether grounds for such action exist. Such hearing shall be held
before the Town Board. Notice of such hearing shall be in writing
and shall state the grounds of the complaint against the licensee.
The notice shall be served upon the licensee at least 15 days prior
to the date of the hearing and shall state the time and place thereof.
P.Â
Hearing. The licensee shall be entitled to be heard, to be represented
by counsel, to cross examine opposing witnesses, to present witnesses
on his or her own behalf under subpoena by the Town Board if such
is required, and the hearing may be stenographically recorded at the
licensee's option and expense. At the conclusion of such hearing,
the Town Board shall prepare findings of fact and conclusions of law
as to what, if any, action the Town Board will take with respect to
the license. The Board shall provide the complainant and licensee
with a copy of the report.
Q.Â
License transfer. Any license granted under the provisions of this
chapter shall not be transferable. All license applications shall
be original or for a renewal.
The provisions of this chapter do not apply to the following
establishments: theaters, performing arts centers, civic centers,
and dinner theaters where live dance, ballet, music and dramatic performances
of serious artistic merit are offered on a regular basis; and in which
the predominant business or attraction is not the offering of entertainment
which is intended for the sexual interests or titillation of customers;
and where the establishment is not distinguished by an emphasis on
or the advertising or promotion of nude or seminude performances.
While expressive live nudity may occur within these establishments,
this chapter seeks only to minimize and prevent the secondary effects
of sexually oriented businesses on the community. Negative secondary
effects have not been associated with these establishments.
A.Â
Violations of this chapter or the Town Zoning Ordinance are declared
to be a public nuisance per se, which shall be abated by the Town
Attorney by way of civil abatement procedures.
B.Â
Any person, partnership, or corporation who violates any of the provisions of this chapter shall be subject to the forfeiture and penalty specified in Chapter 1, § 1-5, General penalty. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If any portion, subsection, sentence, clause, phrase, word or
provision of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, whether for substantive, procedural,
or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and any such holdings shall not affect
the validity of the remaining portions of this chapter. It is the
legislative intent of the Town Board that this chapter would have
been adopted if such illegal provision had not been included or any
illegal application had not been made.
