HomeMy WebLinkAbout1998 #1(Please Use this Form for Filing your Local Law 'with the to of Secretary
1 State)
Text of lave should be given as amended. Ido not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Ew6'
o f GROTONTown. .......... .
....................................
View
Local Law No.... 198
..................... of the year 19 ......... .
A local I a w extending the moratorium for the establijjLLL of adult uses/adult bLsinesses far
another 112C)........................................................
�t�-
(tnsm title)
Be it enacted by the ................... TOWN .BOA
(Namcof Lcgisiati�.c Body) ................. .. ofthe
1916lIfl '
lglq GROTON
To vil n of ................................ as follows:
SECTION 1: TITLE
This local law shall be referred to as the "Extension of the Moratorium of Adult Uses/Adult
Business for an additional 120 day period".
SECTION 2: PURPOSE
Pursuant to the statutory powers vested in the Town of Groton to regulate and control land -use,
and to protect the health, safety and welfare of its residents, the Town Board hereby declares an
additional 120 -day moratorium on the establishment of adult uses in the Town of Groton.
The Town of Groton anticipates that the Town could have another adult use facility open up
within the Town
Therefore, the Town Board desires to study and address the establishment of adult uses within
the town taking into account the present land use development of the Town and to adopt a new
ordinance or local law to adequately address these concerns and to regular said use.
Additionally, New York case law has held that before an ordinance/local law can be passed by a
municipality regulating adult entertainment, a study must be conducted by the Town to
determine the effects of such entertainment within the Town. It is contemplated that the Town of
Groton would join together with other neighboring municipalities to conduct a study in this
regard and need the additional time to complete the study. Based upon the foregoing, this local
law is seeking to extend the time period that was established in local law No. 4 for the year 1997
for the purpose of completing the study and enacting a local law regarding adult entertainment in
the Town of Groton which will meet all legal requirements.
(If additional space is needed, please attach sheets of the same size as this and number each)
SECTION 3: DEFINITION OF ADULT USE
"Adult use" shall be defined as: Any one (1) of the uses defined below shall be considered an
adult use. An "adult use" shall always be a primary use and may not be accessory to any other
use, including another "adult use". In the case of a combination of "adult uses", each use shall be
considered as a separate primary use. All "adult uses" whether or not preexisting, shall obtain a
special permit in accordance with Section 3 of the current Land Use and Development Code of
the Town of Groton.
(A) Adult entertainment business:
(1) A public establishment which features topless dancers, nude dancers or strippers,
male or female.
(2) An enclosed building used for presenting, lending or selling motion picture films,
video cassettes, cable television, or any other such visual media, or used for presenting, lending,
or selling books, magazines, publications, or any other written materials distinguished or
characterized by an emphasis on matter depicting, describing or relating to "specified sexual
activities" or `specified anatomical are" as hereafter defined.
(B) Specified sexual activities:
(1) Human genitals in a state of stimulation or arousal; or
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or
female breast.
(C) Specified anatomical areas:
(1) Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
(D) Adult physical culture establishment:
(1) Any establishment which offers or purports to offer massage, whether or not
licensed or other physical contact by members of the opposite sex. Medical offices, electrolysis,
karate, judo and dance studios are not "adult physical culture establishments".
SECTION 4: SCOPE OF CONTROLS
(A) During the effective period of this local law:
(2)
(1) The Town Board shall not grant any approvals for the establishment of an adult
use by zone change or otherwise.
(2) The Town Planning Board shall not grant any preliminary or final approval to a
subdivision plat, site plan, special permit or any other approval which would result in the
establishment of an adult use.
(3) The Zoning Board of Appeals shall not grant any variance for the use which
would result in the establishment of an adult use.
(4) The Town Code Enforcement Officer shall not issue any permit which would
result in the establishment of an adult use.
(B) The Town Board reserves the right to direct the Town Code Enforcement Officer to
revoke or rescind any Building Permits, or Certificate of Occupancy and/or Certificate of
Compliance issued in violation of this Local Law.
SECTION 5: NO CONSIDERATION OF NEW APPLICATIONS
No applications of any kind for the establishment of adult uses as defined in this Local Law shall
be considered by any board or agency of the Town of Groton while this Local Law is in effect.
SECTION 6: TERM
This Local Law shall be in effect for a period of 120 days from its effective date.
SECTION 7: PENALTIES
Any person, firm or corporation that shall establish an adult use in violation of the provisions of
this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject
to:
(A) Such penalties as provided in Article 4 of the Land Use and Development Code of
the Town Groton; and the town Local Law of the State of New York or any other relevant New
York State Statute.
(B) Injunctive relief in favor of the Town of Groton to cease any and all such actions
which conflict with this Local Law.
SECTION 8: VALIDITY
The invalidity of any provision of this Local Law shall not effect the validity of any other
provision of this Local Law which can be given effect without such invalid provisions.
(3)
(Complefe fhe cerfifica(Ion in (!le paragraph +�hich applies to (lie filing of (his local la» and St out the ►))atter
(herein »NhIch is not 'If)I)Iicaide.)
I. (Final adop(]on i) local e bod} mii,,
I hereby certify tha( the !ocal la,,\. a;)r;e;:ed (lcr.tu, desi(-113(ed as local la%ti No. 1 .. of 19 .98...
5.�xwxx
�( GROTON TOWN BOARD
of ;h;of ................ ��,' is cJu!y pa . . ..
passed I)y the ............ .
i� C,�µ��4�'Il (i'NaIII C ")f Lcc!is!at I�c nodv
7i'�llX
March 398 .
gns of la
on ............................. 1
....... ;n do c)rd<' �� it 11 the applicable f)rvt )law.
'. (P3s.saoe by loc-d Iegisla(i�e bode with approtial or no disappro)21 by Electi)e Chief I xecul.kc Officer,*
or repassage 3f(er disapprwal.)
hereby certify that the local lax amie.xed hereto, designa(cd as local la`s• No. ......... of 19........
County
of (Ile City of.............. was Jul}� passed by the .. .
(Namc of (.cgi%lamc (lock )
�';Ilage
rlOt :Jiupprovcd
un ............................. 19 ........ and •.gas approvcd by the ........................... .
repassed after disapproval i:!ect1%cC:hic; Evccuti,ct)fficct*
and �-vas deemed duly adopted on .................................. 19 ......... in accordance %vith the applicable
prop isions of law.
3. !Final adoption I,,� referendum.)
I hereby certify that the local law annexed hereto, designated as local law No, of 19 1.......
County
Cit
of th}•e of ................ I -Vas Jtlly passed by :hc .. .
TOWII
(i,Jantc of l CgWati.c ff,)dy)
Viila2e
not d;sapprovcd
on ............................. 19 ........ mid ,vas appro� cd by the ........................... .
i-cpas_ceul after disapproval i.!cctt%c Chef E"ctumc e)(f ccr'
)n .................................. 19 .......... Such local law was sublllitted to the peopic by reason ()f a
mandatory
rcfercndum, and received the affirmative .ole of a majority of the clualificd electors Voting,
Der,miSsi� e
general
thereon at the special election he!d oil .....................19 ......... in accurdance the applicable
annual
provisions of law.
y. (Subiect to permissive referendum, and fin;i! ,ldup(ion hccause no valid petilion filed rerluestmi" referendum.)
I herehy certify tha( the !ocal law aimexed hereto, designated as local !a\\• tics. ........ of 19 ........
Comity
City
of theTo% vii of ............. as Jule passed by the .
V I I I a 2 e (Name 0( Lcpstawt -' iIody)
no( disapprovcd
on ............................. 19 ........ alit! 'xas approved by [lie ... .
repassed of ter disapproval Eiccttvc Chtcl E�c:U1t•c
`n ............................. 19 .......... Such local law being suhject to a permissive refercndtlnl anti no
aiid petition requesting such referenc!uln having been filed, said local !aw was deemed du!v adopted
Oil ............................. 19 ......... in acct)rriancc with the applical)le provisions of law.
It
,lie Chief Officer mens ur includes elected on a comii—side hasiti lir. if
;here be none, the chairman n( (Ile count lcvslaliNc hod the m.:i}ttr of a ci(N or Nill3t;e or the super)isor of a toN+n 'A here Such
officer is tested'i(h pother (o appro,e ur Nefo iota! !aF+s or ordln3ncCIS.
l4�
S. .iCii} local law concerning Charter recision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 .......
of the City of ................................. having been submitted to referendum pursuant to the
provisions of V of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the specialgeneral election held on ........... .
........... 19......... became operative.
b. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19.........
of the County of ...................... State of New York, having been submitted to the Electors at the
General Election of November ............. 19......, pursuant to subdivisions 5 and 7 of section 33 of (lie
Municipal Nome Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said count), as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(1f any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law 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 la -w, and was
finally adopted in the manner indicated in paragraph ..1......... above.
Cterk of the County legislative body, City, Town or Village Clerk ur
officer designated by local Icpsiativc body
Date: March 3, 1998
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorncy or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNT' OF .. TOMPKINS
1, the undersigned, hereby certify that the foregoing local law contains the correct tett and tlrst all
)per proceedings have been had or taken for the enactment of the local law annexed hereto.
....... ..
Signature
FRANCIS J. CASULLO, TOWN ATTORNEY
..................................... I ..........
...
Titic
CN:N
Date: March 3, 1998 (Xxx of .. GROTON........................
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