The text
Footnotes:
--- (14) --- Editor's note— An ordinance adopted May 13, 1997, enacted provisions which pertained to adult entertainment. Such provisions designated as a section in Art. II, have been redesignated by the editor as Art. XI, §§ 11-351—11-356, with the concurrence of the town.
Cross reference— Alcoholic beverages, taverns, etc., § 11-26 et seq.
Sec. 11-351. - Definitions.#
For the purposes of this section:
Adult entertainment means any commercial establishment or business where any individual, employee, operator or owner works or performs in the nude.
Adult entertainment shall also be construed to mean actual or simulated acts of sexual activity by clothed or nude individuals and includes both "live" exposure and film, video, or any type of reproduction of such human anatomy and sexual activity.
Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; the showing of the female breasts with less than a full opaque covering of any portion thereof below the top of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(Ord. of 5-13-97, § 1)
Sec. 11-352. - Necessity for regulating.#
The town council finds that the occurrence of nudity in business or commercial establishments in close proximity to residential areas, churches, schools, parks and playgrounds has a detrimental effect on such uses; and further, that in order to preserve the integrity of residential neighborhoods and other sensitive land uses, it is necessary and advisable to regulate the location of businesses and commercial establishments permitting nudity.
(Ord. of 5-13-97, § 2)
Sec. 11-353. - Location restricted.#
No business or commercial establishment permitting nudity is permitted on a parcel of land located: (1)
Within one thousand (1,000) feet of any parcel of land which is either zoned for residential uses, or used for residential uses or purposes;
(2)
Within one thousand (1,000) feet of any parcel of land upon which a church, school, public park or playground is located.
(Ord. of 5-13-97, § 3)
Sec. 11-354. - Business or commercial establishment deemed to permit nudity.#
For the purposes of this article, a business or commercial establishment permits nudity under this section if any person maintaining, owning, managing or operating such establishment knowingly, or with reason to know, suffers or permits nudity to occur on the premises of such business or commercial establishment.
(Ord. of 5-13-97, § 4)
Sec. 11-355. - Method of measuring distance.#
For purposes of this article, distances shall be measured from lot line to lot line, using the closest property lines of the parcels involved.
(Ord. of 5-13-97, § 5)
Sec. 11-356. - Severability.#
If any clause, section or other part of this article shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this article shall not be affected thereby, but shall remain in full force and effect.
(Ord. of 5-13-97, § 6)