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HomeMy WebLinkAbout1998 Local Law #1, Telecomm Towers Moratorium „ . TOWN OF DANBY MAR 2 4 1”.)„.) LOCAL LAW NO. OF THE YEAR 1998 __________--_ A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. The Town Board of the Town of Danby finds: 1. The Federal Telecommunications Act (the "Act") was signed into law in February of 1996. The Act preserves the authority of local governments over reasonable nondiscriminatory decisions regarding the placement, construction and modification of telecommunications towers. The passage of the Act, the increased sale of airwave rights and issuance of licenses by the FCC, the increased demand for wireless communication services, and new technology have lead to a significant increase in the demand for telecommunications towers within the State. The Town of Danby has received one request to locate such a tower in the Town and expects to receive additional similar requests in the future. 2. The construction of such towers may have significant effects upon the general public as well as the surrounding properties, including, among others, adverse visual impacts because of size and lighting, and possible damage to property in the event of improper design or construction of such towers and supporting facilities. 3. In view of the possible proliferation of such towers it would be appropriate to consider the need for regulating the construction of such towers in the Town of Danby and research the manner that would be appropriate to regulate same. 4. At present, the Town's Zoning Ordinance does not explicitly permit such towers anywhere in the Town, and if such towers were to be permitted, it would be appropriate to consider where in the Town they might be located and what steps might be taken to minimize the size and number of such towers. 5. The Town has begun the process of considering the effects of telecommunications towers and related facilities on a community and surrounding properties, the appropriate locations in the Town for such facilities, and the amount of regulation, if any, necessary and permissible to minimize adverse visual and other effects balanced with the need for such facilities. 6. The Town's Planning Board has already been charged by the Town Board to review the need for legislation to permit and regulate such types of facilities, and if such Board determines there is a need, to prepare with the assistance of the Town Code Enforcement Officer and Attorney for the Town proposed legislation for consideration by the Town Board. Mora-tel.11 wp51/danby March 20, 1998 3:42pm 7. It is anticipated that such study and resulting legislation can be completed and acted upon by the appropriate Town bodies within 180 days of the adoption of this local law. 8. The purposes of any new legislation would be significantly subverted if a telecommunications facility were to be constructed or established before appropriate legislation could be completed, reviewed, and properly adopted. 8. In order to maintain the status quo relative to telecommunications towers and related facilities during the limited time the Town needs to adequately research the issues related to regulating such facilities and to complete and adopt any regulatory legislation, it is necessary to adopt this local law. Section 2. Definition of Telecommunications Facility. For the purposes of this local law, a "Telecommunications Facility" is any commercial equipment used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communications services, regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. A Telecommunications Facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principle and accessory telecommunications equipment and supporting masts, wires, structures, and buildings. Section 3. Prohibition of Telecommunications Facilities. For a period of one hundred eighty days from the date of enactment of this local law, no new Telecommunications Facility shall be constructed or established or permitted in the Town of Danby. Section 4. Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the construction of any Telecommunications Facility; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the construction or establishment of a Telecommunications Facility; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the construction or establishment of a Telecommunications Facility; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the construction or establishment of a Telecommunications Facility. Section 5. Pending applications. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the processing of any applications for construction 2 Mora-td.11 wp51/danby March 20, 1998 3:42pm of a Telecommunications Facility for which all required approvals have been granted by the appropriate Town governing board or officer prior to the effective date of this law, nor shall it affect any towers constructed prior to the effective date of this law. Section 6. Penalties. 1. Any person constructing or establishing a Telecommunications Facility in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful construction or establishment of a Telecommunications Facility, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 7. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 8. Applicability. This local law shall apply to all areas of the Town of Danby. Section 9. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 10. This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal. 3 c TOWN OF DANBY MAC 4 1: :+fora-tel.11 wp5 1/danby March 20, 1998 3:42pm 7. It is anticipated that such study and resulting legislation can be completed and acted upon by the appropriate Town bodies within 180 days of the adoption of this local law. 8. The purposes of any new legislation would be significantly subverted if a telecommunications facility were to be constructed or established before appropriate legislation could be completed, reviewed, and properly adopted. 8. In order to maintain the status quo relative to telecommunications towers and related facilities during the limited time the Town needs to adequately research the issues related to regulating such facilities and to complete and adopt any regulatory legislation, it is necessary to adopt this local law. Section 2. Definition of Telecommunications Facility. For the purposes of this local law, a "Telecommunications Facility" is any commercial equipment used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communications services, regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. A Telecommunications Facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principle and accessory telecommunications equipment and supporting masts, wires, structures, and buildings. Section 3. Prohibition of Telecommunications Facilities. For a period of one hundred eighty days from the date of enactment of this local law, no new Telecommunications Facility shall be constructed or established or permitted in the Town of Danby. Section 4. Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the construction of any Telecommunications Facility; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the construction or establishment of a Telecommunications Facility; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the construction or establishment of a Telecommunications Facility; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the construction or establishment of a Telecommunications Facility. Section 5. Pending applications. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the processing of any applications for construction 2 §fora-tel.11 wp51/danby March 20, 1998 3:42pm of a Telecommunications Facility for which all required approvals have been granted by the appropriate Town governing board or officer prior to the effective date of this law, nor shall it affect any towers constructed prior to the effective date of this law. Section 6. Penalties. 1. Any person constructing or establishing a Telecommunications Facility in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful construction or establishment of a Telecommunications Facility, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 7. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 8. Applicability. This local law shall apply to all areas of the Town of Danby. Section 9. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 10. This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal. 3 TOMPKINS COUNTY � Tf N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 AFFIDAVIT OF SERVICE BY MAIL OF NOTICE OF HEARINGS STATE OF NEW YORK ) COUNTY OF TOMPKINS) I Carol W. Sczepanski, being duly sworn, deposes and says that she is the Clerk of the Town of Danby, Tompkins County, Ithaca,New York, and that on March 26, 1998 she caused to be mailed, a copy of notice of hearing and a copy of the Proposed Local Law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS", and a copy of the Proposed Local Law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS"to the Town of Danby Supervisor, R. Kenneth Horst, Councilpersons Joel Gagnon, Edward Inman, Howard Steiner and Naomi Strichartz. auf-: Carol W. Sczep. T. i, Town Clerk March 26, 1998 TOWN OF DANBY LOCAL LAW NO. OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. The Town Board of the Town of Danby finds: 1. The Federal Telecommunications Act (the "Act") was signed into law in February of 1996. The Act preserves the authority of local governments over reasonable nondiscriminatory decisions regarding the placement, construction and modification of telecommunications towers. The passage of the Act, the increased sale of airwave rights and issuance of licenses by the FCC, the increased demand for wireless communication services, and new technology have lead to a significant increase in the demand for telecommunications towers within the State. The Town of Danby has received one request to locate such a tower in the Town which request was granted and resulted in the construction of a communications tower on Durfee Hill Road. The Town expects to receive additional similar requests in the future. (p,„d 2. The construction of such towers may have significant effects upon the general public as well as the surrounding properties, including, among others, adverse visual impacts because of size and lighting, and possible damage to property in the event of improper design or construction of such towers and supporting facilities. 3. In view of the possible proliferation of such towers it would be appropriate to consider the need for regulating the construction of such towers in the Town of Danby and research the manner that would be appropriate to regulate same. 4. At present, the Town's Zoning Ordinance does not explicitly permit such towers anywhere in the Town, and if such towers were to be permitted, it would be appropriate to consider where in the Town they might be located and what steps might be taken to minimize the size and number of such towers. 5. The Town has begun the process of considering the effects of telecommunications towers and related facilities on a community and surrounding properties, the appropriate • locations in the Town for such facilities, and the amount of regulation, if any, necessary and permissible to minimize adverse visual and other effects balanced with the need for such facilities. 6. The Town's Planning Board has already been charged by the Town Board to review the need for legislation to permit and regulate such types of facilities, and if such Board determines there is a need, to prepare with the assistance of the Town Code Enforcement Officer Mora-tel.11 wp51/danby April 7, 1998 2:20pm and Attorney for the Town proposed legislation for consideration by the Town Board. 7. It is anticipated that such study and resulting legislation can be completed and acted upon by the appropriate Town bodies within 180 days of the adoption of this local law. Ga3 8. The purposes of any new legislation would be significantly subverted if"any new telecommunications facilities were to be constructed or established before appropriate legislation could be completed, reviewer and properly adopted.1 [] In order to maintain the status quo relative to telecommunications towers and related facilities during the limited time the Town needs to adequately research the issues related to regulating such facilities and to complete and adopt any regulatory legislation, it is necessary to adopt this local law. Section 2. Definition of Telecommunications Facility. For the purposes of this local law, a "Telecommunications Facility" is any commercial equipment used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communications services, regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. A Telecommunications Facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principle and accessory telecommunications equipment and supporting masts, wires, structures, and buildings. Section 3. Prohibition of Telecommunications Facilities. For a period of one hundred eighty days from the date of enactment of this local law, no new Telecommunications Facility shall be constructed or established or permitted in the Town of Danby. Section 4. Implementation of Prohibition. Except as exnressl____y permitted below, for a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the construction of any Telecommunications Facility; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the construction or establishment of a Telecommunications Facility; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the construction or establishment of a Telecommunications Facility; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the construction or establishment of a Telecommunications Facility. 2 Mora tel.11 wp51/danby April 7, 1998 2:20pm Section 5. Pending applications. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect 1. The processing of any applications for construction of a Telecommunications Facility for which all required approvals have been granted by the appropriate Town governing board or officer prior to the effective date of this law, or E. vor 5��a.f I ;-f- et ] 2. Any towers constructed prior to the effective date of this law, or 3. Modification of any previously granted approval provided the modification does not increase he height of any TelecommunicationsFacility, and does not involve the construction of any add>tionaT towers. Applications to modify an existing variance or approval that request alterations in the antennas attached to an existing telecommunications tower, or request co-locating additional antennas on an existing telecommunications tower, are not inten ded tobeproffibited by the moratorium enacted b this local law. Such applications may be considered in the normal course of review, decisions rendered on same, and if approved,construction as so approved may be completed. .._.._..._ . .. . ._ ro n..... Section 6. Penalties. 1. Any person constructing or establishing a Telecommunications Facility in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful construction or establishment of a Telecommunications Facility, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 7. Term. This local law shall be in effect for a period of one hundred eighty • days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 8. Applicability. This local law shall apply to all areas of the Town of Danby. Section 9. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 10. This local law shall take effect ten days after publication of this local law 3 Mon-tel.11 wp51/danby April 7, 1998 2:20pm or an abstract or summary of same in the Ithaca Journal. • 4 s. q e', / EXCE STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 ALEXANDER F. TREADWELL SECRETARY OF STATE April 30, 1998 Mq Y f 0 r` ty� CAROL W. SCZEPANSKI �ti j`, � TOWN OF DANBY ••.,� 1830 DANBY ROAD �� r' 1 ITHACA, NY 14850 ~�``•.� RE: Town of Danby, Local Law 2 , 1998, filed 04/23/98 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, (14 tE) Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml 0 printed on recycled paper RESOLUTION NO. 39 of 1998 RESOLUTION ADOPTING THE LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on April 8, 1998 to hear all interested parties on a proposed local law entitled "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR; NOW, THEREFORE, be it RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled"A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption; and it is further RESOLVED,that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. STATE OF NEW YORK ) COUNTY OF TOMPKINS)SS: TOWN OF DANBY ) I Carol W. Sczepanski,Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 13th day of April , 1998. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby,this 17th day of April, 1998. Carol W. Scze:*ki,Town Clerk Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca, New York 14850 James W.Hanson,Jr. Telephone(607)274-5560 Commissioner of Planning FAX(607)274-5578 March 24, 1998 Ms. Susan Beeners Code Enforcement Officer Town of Danby 54-A Gunderman Road Ithaca, NY 14850 Re: Zoning Review Pursuant to §239 -land -m of the New York State General Municipal Law Action: Local Law to enact a moratorium for the establishment of adult entertainment businesses for a period of one hundred and eighty (180) days. Dear Ms. Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. Sincerely, 1.1.1 iitk James W. Hanson, Jr. Commissioner of Planning R t4:Recycled paper . ocp TOWN OF DANBY LOCAL LAW NO 1 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. The Town Board of the Town of Danby finds: 1. An adult entertainment business has been established in a nearby community of McLean, New York, which establishment has resulted in considerable controversy over the potential adverse effects of such businesses upon neighboring properties and the community as a whole. 2. In light of such establishment it would be appropriate to consider the need for regulating the establishment of such businesses in the Town of Danby. 3. At present, the Town's Zoning Ordinance may not permit such enterprises anywhere in the Town, and if such businesses were to be permitted, it would be appropriate to consider where in the Town they might be located. 4. Regulation of certain types of adult entertainment establishments may incidently result in some limitation of free speech privileges and it is therefore necessary to determine what types of legislation would be appropriate and permissible, and would result in the least intrusion on free speech or other constitutional rights. 5. The Town Board has requested the Town Planning Board to commence the process of carefully studying the effects of adult entertainment businesses on a community and surrounding properties,the appropriate locations in the town for such businesses, and the amount of regulation, if any, necessary and permissible to minimize adverse effects with the least impact on constitutional rights. 6. It will take at least one hundred eighty days to have the Planning Board conduct the appropriate study,to consider the conclusions of the study, to draft legislation if it is determined such is necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board,to adopt such legislation, and to give the required public notice of such adoption. 7. The purposes of any new legislation would be significantly subverted if an adult entertainment business were to be established before the study could be completed and, if it is so determined, implemented by legislation. 8. In order to maintain the status, quo relative to such adult entertainment businesses during the limited time the Town needs to complete such study and adopt such legislation, it is necessary 2 Town of Danby Local Law No. 1 of 1998 to adopt this local law. Section 2. Definitions. The following definitions apply to this local law. "Adult entertainment business" is a business involving one or more of the following: (a) Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of"specified sexual activities" or"specified anatomical areas." (b) Adult bookstores which have a substantial (50% or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following: (I) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, computer discs or other magnetic media, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. © Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages),restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (d) Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (e) Adult theater meaning a theater, concert halls, auditorium or similar establishment which, for any form of consideration, regularly features live 3 Town of Danby Local Law No. I of 1998 performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. (f) Massage parlor where, for any form of consideration, massage alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist or similar professional person licensed by the state. This definition shall not be deemed to 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 accessory service. (g) Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. "Specified anatomical areas" means (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; and (b) Human male genitals in a discernible turgid state even if completely and opaquely covered. "Specified sexual activities" means (a) Human genitals in a state of sexual stimulation or arousal; or (b) Acts of human masturbation, sexual intercourse or sodomy; or © Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. Section 3. Prohibition of Adult Entertainment Businesses. For a period of one hundred eighty days from the date of enactment of this local law, no adult entertainment business shall be established or permitted in the Town of Danby. 4 Town of Danby Local Law No. 1 of 1998 Section 4. Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the establishment of an adult entertainment business; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the establishment of an adult entertainment business; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of an adult entertainment business; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the establishment of an adult entertainment business. Section 5. Penalties 1. Any person establishing or conducting an adult entertainment business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful establishment of an adult entertainment business, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any occupancy in violation or any occupancy in violation of this local law. Section 6. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 7. Applicability. This local law shall apply to all areas of the Town of Danby. Section 8. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 9. This local law shall take effect ten days after publication of this local law of an abstract or summary of same in the Ithaca Journal. • NEW YORK STATE DEPARTMENT OF STATE OC�I Law Filing WASHINGTON AVENUE, ALBANY, UY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. alp o. DANBY Town • Local Law No. 1 of the year 19 9.8... A local law ..,P.RQ.XI.RJN.G...F..QR...A...M.QRATORWt•JM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMEN 'n'5tAMESSES FOR A PERI•OD OF ONE HUNDRED EIGHTY DAYS Re it enacted by the T.QW.N...BOA.RD • of the (Hama of Legi'lative Body) 06XiNN OW X of .DANBY Town as follows: - XDtt X • • TOWN OF DANBY LOCAL LAW NO 1 OF THE YEAR 1998 • A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows: Section 1'. Findings and Purpose. The Town Board of the Town of Danby finds: 1. An adult entertainment business has been established in a nearby community of McLean, New York, which establishment has resulted in considerable controversy over the potential adverse effects of such businesses upon neighboring properties and the community as a whole. 2. In light of such establishment it would be appropriate to consider the need for regulating the establishment of such businesses in the Town of Danby. 3. At present, the Town's Zoning Ordinance may not permit such enterprises anywhere in the Town, and if such businesses were to be permitted, it would be appropriate to consider where in the Town they might be located. . . 4. Regulation of certain types of adult entertainment establishments may incidently result in some limitation of free speech privileges and it is therefore necessary to determine what types of legislation would be appropriate and permissible, and would result in the least intrusion on free speech or other constitutional rights. 5. The Town Board.has requested the Town Planning Board to commence the process of carefully studying the effects of adult entertainment businesses on a community and surrounding (If additional space Is needed, attach pages the same size as this sheet, and number each.) (l) • nmc-/to tn..., 7i9n) • • 2 Town of Danby Local Law No. 1 of 1998 properties, the appropriate locations in the town for such businesses, and the amount of regulation, if any, necessary and permissible to minimize adverse effects with the least impact on constitutional rights. 6. It will take at least one hundred eighty days to have the Planning Board conduct the appropriate study,to consider the conclusions of the study,to draft legislation if it is determined such is necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board,to adopt such legislation, and to give the required public notice of such adoption. 7. The purposes of any new legislation would be significantly subverted if an adult entertainment business were to be established before the study could be completed and, if it is so determined, implemented by legislation. 8. In order to maintain the status, quo relative to such adult entertainment businesses during the limited time the Town needs to complete such study and adopt such legislation, it is necessary to adopt this local law. Section 2. Definitions. The following definitions apply to this local law. "Adult entertainment business" is a business involving one or more of the following: (a) Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of"specified sexual activities" or"specified anatomical areas." (b) Adult bookstores which have a substantial (50% or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following: (I) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, computer discs or other magnetic media, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. © Adult cabarets meaning any nightclub, bar (including establishments which • 3 Town of Danby Local Law No. 1 of 1998 do not serve alcoholic beverages),restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (d) Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (e) Adult theater meaning a theater, concert halls, auditorium or similar establishment which, for any form of consideration, regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. (f) Massage parlor where, for any form of consideration, massage alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist or similar professional person licensed by the state. This definition shall not be deemed to 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 accessory service. (g) Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. "Specified anatomical areas" means (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; and • V • I ' I 4 Town of Danby Local Law No. 1 of 1998 (b) Human male genitals in a discernible turgid state even if completely and opaquely covered. "Specified sexual activities" means (a) Human genitals in a state of sexual stimulation or arousal; or (b) Acts of human masturbation, sexual intercourse or sodomy; or © Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. Section 3. Prohibition of Adult Entertainment Businesses. For a period of one hundred eighty days from the date of enactment of this local law, no adult entertainment business shall be established or permitted in the Town of Danby. Section 4. Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the establishment of an adult entertainment business; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the establishment of an adult entertainment business; 3. The Town2oning Board of Appeals shall not grant any special approval or variance permitting the establishment of an adult entertainment business; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the establishment of an adult entertainment business. Section 5. Penalties 1. Any person establishing or conducting an adult entertainment business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful establishment of an adult entertainment business, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any occupancy in violation or any occupancy in violation of this local law. Section 6. Term. This local law shall be in effect for a period of one hundred eighty days • 5 Town of Danby Local Law No. 1 of 1998 from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 7. Applicability. This local law shall apply to all areas of the Town of Danby. Section 8. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 9. This local law shall take effect ten days after publication of this local law of an abstract or summary of same in the Ithaca Journal. • • • (Complete the certification In the paragraph that applies to the filing of this local law and strike out that which is not appIicable.) 1. (Final adoption by local legislative body uuly.) I hereby certify that the local law annexed hereto, designated As local law No. 1 of 1998 of the (Ce'tt.t ' )(Town)() of metERY was duly passed by the �IQI., 'BOARD_ on APRIL 13 19...5.$, in accordance with the applicable provisions of law, t•Ine o egui etive booty) • • • 2. (Passage by local Iegislativ•- ody with approval, no disap• oval or repassage after d pproval by the Eln.r.tive Chief .•ecutive Officer'.) . . I hereby certify that t• • local law annexed hereto, th ignated as local law No. • 19 of the (County)(Ci (Town)(Viilage) of was duly p- sed by the on 19 . and was (app ved)(not disapproved epassed after ' •rne of cps ye kiO( ' --' " disapprov by the and was de- eri duly adopted on 19 ., (f:Ieettve Chie(Exe • lye in ac •rdance with the applicabl= provisions of law. • • • • 3. (Final adoption by referendum.) • I hereby certify'that,fKe local law annexed hereto, design; ed as local law'No. of 19_ of the (County)(City)(Town)(Vilingo) of as duly passed by the on • , and was (approved)(not d' approved)(repasscd after • erne of Ltaielatt - -ody disapproval) •y the on 19 . Such local law w (Eleetiv• C x•eutive • Bier submitte• to the people by reason of a ( andatory)(permissive) rcferendu. , and received the of rmative vote of' a majority or the qualified elec ors voting thereon at the (gener. (special)(annual) ele• ion held on .19 , in accordanc- with the applicable provisions •' law. • (Subject to permissive r• '•rendum and final adoption be •use i • 'alid petition vas filed reque ' tg rcferndum.) I hereby certify th the °cal law annexed hereto, deli; • cd as Iocal law No. of 19 of the (County) 'ity)(T wn)(Village) of was duly passed b �e on 9 , and was (appruved)(not •isapproved)(repa5se• after arne of egi tivo •o.y d isappro 1) by the on 1' Such local law 'as subject to Elective Chief Executive • car' per ssive referendum and no valid p• ition requesting such referencl . was filed as at 19 , in cordance•with the applicable • ovisions of law. • • • 'Elective Chief Executive Officer mea 1a ur includes the chief executive officer of h county elected on a county-wide basis or, if there be-none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local laws or ordinances. •' • (2) ' • • (City local law concerning Charter revision proposed by petition.) T hereby certify that the local law nexed hereto, designated us to •1 Iaw No. of 19 of the City of h: ing been submitted to referendum pursuant to the provisions of section (36)( ) of the Municipal 1-ionic Rul aw, and haviul; receiv d the affirmative vote of a majority of the qualifies electors of such city voting t -reon at the (speciai)(ge •ral) election held in 19 , bccame operative. • 6. (County local . w concerning adoption of C artcr.) • I hereby certif that the local law annexed • reto, designated as local :w No. • of • of the Count, of , St: e of New York, ha ng been sub tted to the elector at the General Election of "ovemher • , pursuant to $ •divisions 5 aed 7 of section 3 of the.Municipal Home R e Law, and having receive. the affirmative vot of a majorit of the oualifi- . electors of the cities of std county as a unit and of majority of the quay fed elcctots the towns of sat. county considered as a unit voting at said general ele ion, became operati / • • • (I any other authorized form of final adoption has been"ollowed, please prov •e an appropri ate certification.) _ • • • • I further certify that I have compared the preceding local luw with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. • �� a �l4:k v t .a-CCounty legt attv,.fi y,Qtty,Town or r agt crk or officer deeignete. by local legileative body (Seal) Date: April 18, 1998 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or other authorized Attorney of Iocality.) STATE OF NEW YoxtK COUNTY OF Tompkins • • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had of taken fur the enactment of • 1. al law ;I Hexed hereto. 4/..4f • — • sif 14 • it a 0 Town 1' 1)R/1h1 . 1-a-ge • Date: ! e«' WI---612"--7 ��fl (3) • t4' E Iii \ : alrtelita STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 ALEXANDER F. TREADWELL SECRETARY OF STATE 11 f April 30, 1998 CAROL W. SCZEPANSKI TOWN OF DANBY 1830 DANBY ROAD ITHACA, NY 14850 RE: Town of Danby, Local Law 1, 1998, filed 04/23/98 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records (510 474-2755 JGD:ml 0 printed on recycled paper f CODY DY TOWN OF DANBY LOCAL LAW NO 1 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. The Town Board of the Town of Danby finds: 1. An adult entertainment business has been established in a nearby community of McLean, New York,which establishment has resulted in considerable controversy over the potential adverse effects of such businesses upon neighboring properties and the community as a whole. 2. In light of such establishment it would be appropriate to consider the need for regulating the establishment of such businesses in the Town of Danby. 3. At present, the Town's Zoning Ordinance may not permit such enterprises anywhere in the Town, and if such businesses were to be permitted, it would be appropriate to consider where in the Town they might be located. 4. Regulation of certain types of adult entertainment establishments may incidently result in some limitation of free speech privileges and it is therefore necessary to determine what types of legislation would be appropriate and permissible, and would result in the least intrusion on free speech or other constitutional rights. 5. The Town Board has requested the Town Planning Board to commence the process of carefully studying the effects of adult entertainment businesses on a community and surrounding properties,the appropriate locations in the town for such businesses, and the amount of regulation, if any, necessary and permissible to minimize adverse effects with the least impact on constitutional rights. 6. It will take at least one hundred eighty days to have the Planning Board conduct the appropriate study,to consider the conclusions of the study,to draft legislation if it is determined such is necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board,to adopt such legislation, and to give the required public notice of such adoption. 7. The purposes of any new legislation would be significantly subverted if an adult entertainment business were to be established before the study could be completed and, if it is so determined, implemented by legislation. 8. In order to maintain the status, quo relative to such adult entertainment businesses during the limited time the Town needs to complete such study and adopt such legislation, it is necessary • 2 Town of Danby Local Law No. 1 of 1998 to adopt this local law. Section 2. Definitions. The following definitions apply to this local law. "Adult entertainment business" is a business involving one or more of the following: (a) Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of"specified sexual activities" or"specified anatomical areas." (b) Adult bookstores which have a substantial (50% or more)portion of its stock in trade and offers for sale, for any consideration, any one or more of the following: (I) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, computer discs or other magnetic media, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. © Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (d) Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (e) Adult theater meaning a theater, concert halls, auditorium or similar establishment which, for any form of consideration, regularly features live 3 Town of Danby Local Law No. 1 of 1998 performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. (f) Massage parlor where, for any form of consideration, massage alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist or similar professional person licensed by the state. This definition shall not be deemed to 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 accessory service. (g) Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. "Specified anatomical areas" means (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; and (b) Human male genitals in a discernible turgid state even if completely and opaquely covered. "Specified sexual activities" means (a) Human genitals in a state of sexual stimulation or arousal; or • (b) Acts of human masturbation, sexual intercourse or sodomy; or © Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. Section 3. Prohibition of Adult Entertainment Businesses. For a period of one hundred eighty days from the date of enactment of this local law, no adult entertainment business shall be established or permitted in the Town of Danby. • 4 Town of Danby Local Law No. 1 of 1998 Section 4. Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the establishment of an adult entertainment business; 2. The Town Planning Board shall not grant any approvals,preliminary or final, for any site plan or subdivision involving, or related to, the establishment of an adult entertainment business; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of an adult entertainment business; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the establishment of an adult entertainment business. Section 5. Penalties 1. Any person establishing or conducting an adult entertainment business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful establishment of an adult entertainment business, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any occupancy in violation or any occupancy in violation of this local law. Section 6. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 7. Applicability. This local law shall apply to all areas of the Town of Danby. Section 8. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 9. This local law shall take effect ten days after publication of this local law of an abstract or summary of same in the Ithaca Journal. IN CO • TOWN OF DANBY LOCAL LAW NO 1 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. The Town Board of the Town of Danby finds: 1. An adult entertainment business has been established in a nearby community of McLean, New York,which establishment has resulted in considerable controversy over the potential adverse effects of such businesses upon neighboring properties and the community as a whole. 2. In light of such establishment it would be appropriate to consider the need for regulating the establishment of such businesses in the Town of Danby. 3. At present, the Town's Zoning Ordinance may not permit such enterprises anywhere in the Town, and if such businesses were to be permitted, it would be appropriate to consider where in the Town they might be located. 4. Regulation of certain types of adult entertainment establishments may incidently result in some limitation of free speech privileges and it is therefore necessary to determine what types of legislation would be appropriate and permissible, and would result in the least intrusion on free speech or other constitutional rights. 5. The Town Board has requested the Town Planning Board to commence the process of carefully studying the effects of adult entertainment businesses on a community and surrounding properties,the appropriate locations in the town for such businesses, and the amount of regulation, if any, necessary and permissible to minimize adverse effects with the least impact on constitutional rights. 6. It will take at least one hundred eighty days to have the Planning Board conduct the appropriate study,to consider the conclusions of the study,to draft legislation if it is determined such is necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board,to adopt such legislation, and to give the required public notice of such adoption. 7. The purposes of any new legislation would be significantly subverted if an adult entertainment business were to be established before the study could be completed and, if it is so determined, implemented by legislation. 8. In order to maintain the status, quo relative to such adult entertainment businesses during the limited time the Town needs to complete such study and adopt such legislation, it is necessary 2 Town of Danby Local Law No. 1 of 1998 to adopt this local law. Section 2. Definitions. The following definitions apply to this local law. "Adult entertainment business" is a business involving one or more of the following: (a) Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of"specified sexual activities" or"specified anatomical areas." (b) Adult bookstores which have a substantial (50% or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following: (I) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, computer discs or other magnetic media, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. © Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (d) Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (e) Adult theater meaning a theater, concert halls, auditorium or similar establishment which, for any form of consideration, regularly features live 3 Town of Danby Local Law No. 1 of 1998 performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. (f) Massage parlor where, for any form of consideration, massage alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist or similar professional person licensed by the state. This definition shall not be deemed to 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 accessory service. (g) Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. "Specified anatomical areas" means (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; and (b) Human male genitals in a discernible turgid state even if completely and opaquely covered. "Specified sexual activities" means (a) Human genitals in a state of sexual stimulation or arousal; or (b) Acts of human masturbation, sexual intercourse or sodomy; or © Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. Section 3. Prohibition of Adult Entertainment Businesses. For a period of one hundred eighty days from the date of enactment of this local law, no adult entertainment business shall be established or permitted in the Town of Danby. 4 Town of Danby Local Law No. 1 of 1998 Section 4. Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1. No Town official shall accept for filing any application for the establishment of an adult entertainment business; 2. The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the establishment of an adult entertainment business; 3. The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of an adult entertainment business; and 4. The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the establishment of an adult entertainment business. Section 5. Penalties 1. Any person establishing or conducting an adult entertainment business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2. In the event of an unlawful establishment of an adult entertainment business, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any occupancy in violation or any occupancy in violation of this local law. Section 6. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 7. Applicability. This local law shall apply to all areas of the Town of Danby. Section 8. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 9. This local law shall take effect ten days after publication of this local law of an abstract or summary of same in the Ithaca Journal.