HomeMy WebLinkAbout1998 #3('lease Use this Form for Filing your Local Law with the Secretar} o(State?
Text of lay., should be given as amended. Uo riot include matter being
eliminated and do not use italics or underlining to indicate new matter.
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COY Groton
of... ..............................
Town ..................
Focal Law No ........ 3 ............... of the year 19 ..98 ......
A local law prg)virmr�t
,ding. fo, a ooriu.m for the establ ishment of adult uses for a period
of an 'additional 60 days (Insert title)
Be it enacted by the ......... Town Board
............................................. of the
(Name of Lcgislamc Body)
axo*�
fty, of .... Groton ..................... .
4ri n 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 60 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 60 -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 was 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. However, this plan did not come to
fruition and the Town would like to conduct its own 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
and extended by local law No. for the year 1998 for the purpose of completing the study and
(If additional space is needed, please attach sheets of the same size as this and nuinber each
(1)
enacting a local law regarding adult entertainment in the Town of Groton which will meet all
legal requirements.
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".
(2)
SECTION 4: SCOPE OF CONTROLS
(A) During the effective period of this local law:
(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 60 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)
(Comple(e the certification in the paragraph ii-hich Applies to the tiling of (his local law and strike out the platter
(herein "-hick is no( applicable.)
1. (final adoption b} local le;islatitie bode only.)
98
1 liereby certify that the local law annexed liereto, designated as local law No. 3..... of 19 ........
lxxtx x x
of the (NxyxX of ... Groton .... was duly passed by the ... TQwn . w.rd.............. .
Town (Narnc of I,cgislati�•c Bo d�')
Yixxg\,-x
on ..... i4i?P.. 3.......... 19 ..98.. in accordance wlih the applicable provisions of law.
?. (Passage by local legisla(iie Lidy with approN,al or no disal)pro)•al by ElectiN'e Chief ExecutiNe Officer,*
or repassage after disapproN*al.)
1 hereby certify that the local law annexed hereto, designated as local law No. ......... of f9........
County
of the City of ................ was duly passed by the ........................................ .
Town (Name of Lcgislamc Body)
Village
not disapproved
on ............................. 19 ... and was approved by the .
repassed after disapproval i:iccti\c Chicf Eiecuti%c Officcr-
and was deemed duly adopted oil .................................. 19 ......... in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19 ........
County
of the City of ................ was drily Massed by the ........................................ .
Town
(Narnc of Lcgislati%c Body)
Village
not disapproved
ori ............................. 19 ........ and was approved by the ............................
repassed after disapproval Elcctis•c Chicf Exccumc Officcr'
Oil .................................. 19 .......... Such local law was submitted to the people by reason of a
mandatory
permissive
referendum, and received the affirmative vote of a ma)ority of the qualified electors voting
general
thereon at the special election held on .............................19 ......... in accordance with the applicable
aii'nual
provisions of law.
4. (Subject to permissiie referendum, and final adoption because no i-alid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........
County
of the City of ................ was duly passed by (lie .`.`...................................... .
Town (Narnc of Lcgisla(isc Body)
Village
no( disapproved
oil ............................. 19 ........ and was approved by the ............................
repassed after disapproval Elective Chicf Executive Of ficcr'
Oil .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on ...... .......................19 ......... in accordance with the applicable provisions of law.
'Flecli)e Chief F.\ecmke Officer nieans or includes (lie chief exectitk'e officer of a county elected on a cmmly-w-ide hasis or, if
there be none, the chairma« of (lie county le-isla(ke body, (lie mayor of a cit) or )illage or (tie super)isor of a town Nitiere such
officer is nested with power to appro%e or Neto local la"s or ordinances.
5. (City local 12+v concerning Charter rei-ision proposeei 1)y petition.)
I hereby certify I,at the local law annex. -d hereto, designated as local law No. ........ of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of �;b of the Municipal Home Rule Law, and having received [lie affirmative vote of a
spcciai
majority of the qualified electors of such city voting thereon at the general flection held on ............
............ 19......... became operative.
b. (Count' local law concerning adoptiun of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of i9.........
of the Cot�nLy_of ........... , State of New York, having been submitted to the Electors at the
General-Elmit}n of November ... rrr. . . . . . . , 19......, _pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified eiectors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any ocher authorized form of final adoption has been foilowed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law wl(h the original on file in this office
and that (lie same is a correct transcript therefrom and T f the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............. above.
Cicrk of Clic Couniv Icgistanvc body, City, Town or Villzgc C.cr k or
COLLEEN ?IffEcRrS01�natcTown3l M erk body
Date: June 23 , 1998
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, :pillage Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF .....CORTLAND.............
1, the undersigned, hereby certify that the foregoing local la\v contains the correct tent and that all
p-oper proceedings have been had or taken for the enactment of the local la%v annexed hereto.
FRANCIS J. CASULLOgnaturc
TOWN ATTORNEY
Titic
0-- � �" y
Date: �t/NC 0?31 1998 qkr\ of Groton ...................... .
Town
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