§ 167-51. Findings.  


Latest version.
  • Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the United States Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), and commissioned by the Town Board of the Town of Malta, the Town of Malta finds that:
    A. 
    There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community.
    B. 
    Among these adverse secondary impacts are a deterioration in the local quality of life; an adverse effect upon local property values; an adverse effect upon local economic viability; an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby; an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior; a threat to the health and safety of children and young adults; and an undermining of the established sense of community.
    C. 
    These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community.
    D. 
    The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the Town and would, therefore, be detrimental to the general health, safety and economic viability of the community.
    E. 
    The United States Constitution, and the Constitution and laws of the State of New York grant to the Town of Malta the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.