(A) (1) It is hereby declared to be unlawful to construct, erect, install, alter, change, maintain or use any house, building, structure or fence, or to use any lot or premises, contrary to or in violation of any provision of this chapter. Any firm, person or corporation violating any of the provisions of the zoning ordinance of the town may be guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished by a not more than 90-days’ imprisonment in the town jail or by a fine of not more than $300, or by both the fine and imprisonment. Every person, firm or corporation shall receive a warning letter of non-compliance. He, she or it shall have 90 days to resolve the problem either comply with the ordinance or seek a variance, or conditional use permit.
(2) After 90 days, every person, firm or corporation shall be deemed guilty of a separate offense for each and every day in which the violation is committed, continued or permitted, and shall be punished therefor as herein before provided in this section.
(1974 Code, § 18-1-7)
(B) Any person, firm or corporation whether acting as owner or occupant of the premises involved or contractor or otherwise who violates or refuses to comply with any of the provisions of §§ 153.050 through 153.056 shall be guilty of a class 2 misdemeanor. A separate offense shall be deemed to be committed on each day an offense occurs or continues.
(1974 Code, § 306)
(C) (1) A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business, regardless of whether a permit has been issued for the business under §§ 153.085 through 153.099, and knowingly or reasonably should have known that any of the following has been permitted or allowed:
(a) A person under 18 years of age has been admitted to or allowed to purchase goods or services without the specific consent of that parent or guardian. No person under that age shall work at the business premises; and/or
(b) No materials, products or performances available in a sexually oriented business shall be displayed or otherwise exhibited in any advertising which is visible outside the premises. This prohibition shall not apply to advertising which is merely declaratory of the existence or location of the sexually oriented business.
(2) All off-street parking areas and premises entries of a sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways, in order to aid in the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.
(3) No portion of the interior premises of a sexually oriented business shall be visible from outside the premises.
(4) No sexually oriented business shall remain open for business, nor shall sales be solicited or made, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
(5) No person shall perform any function for a fee or be otherwise employed in any manner on the premises of a sexually oriented business without having that license required hereby in current good standing.
(6) Noone shall distribute, sell or offer to sell, for commercial purposes, any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. The devices, instruments or paraphernalia shall include, but not be limited to, phallic-shaped vibrators, dildos, muzzles, whips, chains, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry), or devices intended primarily for the infliction of pain.
(7) All requirements and restrictions of this section and any applicable laws of the state shall be fully complied with at all times.
(8) In addition to those penalties provided by state statute for a misdemeanor, if any person fails or refuses to obey or comply with or violates any of the prohibitions or criminal provisions of this section, the town may take other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. The other lawful actions shall include, but not be limited to, an equitable action for injunctive relief or an action at law for damages.
(9) All remedies and penalties provided for in this section shall be cumulative and independently available to the town. Each violation or non-compliance shall be considered as a separate offense.
(1974 Code, § 18-3-8-16)
(Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)