Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Schenectady, NY
Schenectady County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (14)
[Adopted 11-22-1982 by Ord. No. 82-93]
In the development and execution of this article, it is recognized that adult bookstores, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent area. Special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of this use in any one area.
As used in this article, 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 and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activity or specific anatomical areas, as defined below, for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.
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.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
It shall be unlawful to hereafter establish any adult bookstore within 500 feet of any building containing a residential dwelling or rooming unit or to establish any adult bookstore within 500 feet of any other adult bookstore.
It shall be unlawful to hereafter establish any adult bookstore within 1,000 feet of the nearest property line of any public, private or parochial school, library, park or playground and at least 500 feet from the nearest property line of any church, convent, monastery, synagogue or other place of worship.
Violation of this article is punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months, or by both fine and imprisonment. Each day during any portion of which any violation of this article is committed, permitted or continued shall constitute a separate offense.