Village of Monroe, NY Chapter 60 Adult Uses

[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 7-6-1999 by L.L. No. 3-1999. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 200.

§ 60-1 Statement of policy.

Considering the nature of adult bookstores and adult motion-picture theaters and the tendency of such to have a deleterious effect, thereby requiring the regulation of the location of such establishments, it is hereby declared to be the policy of the Village of Monroe with regard to such establishments as set forth in this chapter.

§ 60-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines, other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas or an establishment in which a segment or section of the premises is devoted to the sale, rental or display of such material.

ADULT MOTION-PICTURE THEATER

An enclosed building used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.

MOTION PICTURE

Film or films, 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 so clothed and is being fettered, bound or otherwise physically restrained.

SEXUAL CONDUCT

Human masturbation, sexual intercourse or any touching of the genitals, pubic area 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 apparent sexual stimulation or gratification.

SPECIFIED ANATOMICAL AREA

A. Less than completely and opaquely covered human genitals, pubic regions, buttocks or female breasts below a point immediately above the top of the areola; or

B. Human genitals in a discernibly turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY

A. Human genitals in a state of sexual stimulation or arousal;

B. Any act of human masturbation, sexual intercourse or sodomy; or

C. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

§ 60-3 Designation as regulated uses.

Adult bookstores and adult motion-picture theaters and live adult entertainment are hereby deemed to be regulated uses, subject to approval by the Planning Board.

§ 60-4 Location restricted.

Any regulated use may be located within a GB Zone but not within 1,000 feet of any other like regulated use nor within 1,000 feet of any church or any school; and no alteration, addition, improvement or like construction in connection with any regulated use shall be permitted if such alteration, addition, improvement or like construction shall be within 1,000 feet of any like regulated use or 1,000 feet of any residentially zoned area or any church or any school.

§ 60-5 Penalties for offenses.

Any person, firm or corporation or other party violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or both. Each and every violation of and nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.