[HISTORY: Adopted by the Village Board of the Village of
Webster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-22-1905; amended in its entirety 6-9-1994 by L.L. No. 2-1994]
No person shall willfully cut, chop or otherwise injure a fruit,
shade or ornamental tree standing on lands of another or of the Village
or within any of the streets or public places within the Village of
Webster, New York, except for trimming of tree branches overhanging
one's private property, or in the case of a public tree, without written
permission from the Superintendent of Public Works.
No persons shall have in their possession any open bottle or
container containing liquor, beer, wine or other alcoholic beverage
with intent to consume while such persons are on any public highway,
public street, public sidewalk, public parking area or public place,
except those premises duly licensed for the sale and consumption of
alcoholic beverages on the premises. "Intent to consume" includes
any of the following: drinking from the container; possession with
movement of the container to the mouth; and any circumstances evidencing
an intent to ultimately consume in any public place.
No person or persons shall sleep in any stationary motor vehicle
at or on any street, park, recreation area or parking area owned,
leased, controlled or operated by the Village of Webster, New York,
during the hours of darkness.
[Added 4-28-2022 by L.L. No. 6-2022]
No person shall engage in the act of smoking within or in close
proximity to any building owned by the Village of Webster. For the
purposes of this section, "smoking" means inhaling, exhaling, burning,
or carrying any lighted or heated tobacco product, any plant or synthetic
product intended for inhalation in any manner or in any form. "Smoking"
includes the use of an electronic smoking device and a vapor product.
"Close proximity" shall include all those areas within 25 feet of
an operable door or window of the Village-owned building.
A violation of this article shall be punishable by a fine not
exceeding $250 or imprisonment not exceeding 15 days, or by both such
fine and imprisonment.[1]
[Adopted 3-8-1993 by L.L. No. 1-1993]
A.
Adult
use establishments, as herein defined, shall be allowable in the General
Industrial (GI) Zones only as specifically set forth herein and only
to the extent not inconsistent with local law and the New York State
Penal Law relating to exposure, obscenity or lewdness.
B.
Purpose.
The primary purposes of this section are as follows:
(1)
To preserve the character and quality of life in Village neighborhoods
and business areas.
(2)
To control such documented harmful and adverse secondary effects
of adult uses on the surrounding areas as decreased property values;
attraction of transients; parking and traffic problems; increased
crime (including prostitution, rape and assaults in the vicinity of
such uses); loss of business for surrounding nonadult businesses;
and deterioration of neighborhoods.
(3)
To maintain property values.
(4)
To prevent crime.
(5)
To protect retail trade.
(6)
To restrict minors' access to adult uses.
(7)
To maintain the general welfare, safety and morals for Village of
Webster residents.
(8)
The purpose of the amendments adopted September 28, 1995, is to expand
the types of adult use establishments covered by this article and
to fulfill more adequately the original purposes of this article.
[Added 9-28-1995 by L.L. No. 3-1995]
C.
ADULT USE ESTABLISHMENT
(1)
(2)
(a)
[1]
[2]
(b)
(3)
(a)
(b)
(c)
(4)
(a)
(b)
(c)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SUBSTANTIAL ENLARGEMENT
Definitions.
As used in this article, the following terms shall have the meanings
indicated:
[Amended 9-28-1995 by L.L. No. 3-1995]
A public or private establishment or any part thereof which
presents any of the following entertainments or services on one or
more occasions:
ADULT ARCADEAny 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 which, 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 pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which 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, any of the specified materials
which depict or describe specified sexual activities or specified
anatomical areas.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration,
which provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and which
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.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity.
ESCORTA 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.
ESCORT AGENCYA 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.
MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
SEMINUDEA state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration:
Any of the following:
Any of the following:
Human genitals in a state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breasts.
Flagellation or torture in the context of a sexual relationship.
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain.
Erotic touching, fondling or other such contact with an animal
by a human being.
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor area as it exists on the effective
date of this section.
D.
Regulations.
Adult use establishments, as defined above, are to be restricted as
to location in the following manner in addition to any other requirements
of this Code:
(1)
The property lines of any adult use establishment must be at least
500 feet from the property lines of a residence or residentially zoned
property, schools, day-care facilities, churches (or other religious
places of worship), parks, playgrounds or governmental facilities.
(2)
The property lines of any adult use establishment must be at least
1,000 feet from the property lines of another adult use establishment.
(3)
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by these provisions shall be able to visually
see any specified anatomical area or any specified sexual activity
by virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
[Added 9-28-1995 by L.L. No. 3-1995]
E.
This
section shall be enforceable by injunction.
F.
A
violation of this section shall be punishable by a fine not exceeding
$250 or imprisonment not exceeding 15 days, or by both such fine and
imprisonment.
[Added 6-9-1994 by L.L. No. 2-1994]
A.
This
section is enacted pursuant to the New York State Penal Law § 245.01.
B.
A
person is guilty of exposure if that person appears in a public place
in a state of nudity or in such a manner that the private or intimate
parts of that person's body are unclothed or exposed.
C.
D.
Exposure
of a person is a violation, punishable by a fine, in an amount fixed
by the court, not to exceed $250; a term of imprisonment, fixed by
the court, not to exceed 15 days; or both. Additionally, this section
may be enforced by injunction.
A.
This
section is enacted pursuant to the New York State Penal Law § 245.02.
B.
A person is guilty of promoting the exposure of a person when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where a person appears in a state of nudity, as defined in § 93-6C, or where a person appears in such a manner that the private or intimate parts of that person's body are unclothed or exposed.
C.
Promoting
the exposure of a person is a violation, punishable by either a fine,
in an amount fixed by the court, not to exceed $250; a term of imprisonment,
fixed by the court, not to exceed 15 days; or both.
D.
Additionally,
this section may be enforced by injunction.
The continuation of an offense against the articles of this
chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
[Added 9-28-1995 by L.L. No. 3-1995]
Any adult use establishment lawfully operating on the effective
date of this article that is in violation of the location or structural
configuration requirements of this article shall be deemed a nonconforming
use. The continuation of the same use of substantially the same character
and intensity shall be allowed. No substantial enlargement of such
adult use establishment shall be permitted.
[Added 9-28-1995 by L.L. No. 3-1995]
If any part of this chapter is held unconstitutional, invalid
or ineffective, the remainder of this chapter will still be valid.
