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May 5, 1998
<br /> Town Meeting reconvened at 7:35 p.m. - 155 voters present.
<br /> Article 32
<br /> Whereas, there is documented experience in numerous other cities, including: Boston, Massachusetts; Seattle and
<br /> Tacoma, Washington; Detroit, Michigan; Austin, Amarillo, Beaumont, Dallas, and Houston, Texas; Indianapolis,
<br /> Indiana; Los Angeles, California; Phoenix, Arizona; Oklahoma City, Oklahoma; and, Minneapolis and St. Paul,
<br /> Minnesota showing that adult entertainment uses degrade the quality of life in the areas of a community where
<br /> they are located, with impacts including increased level of crime, blight, depreciation of property values, and late
<br /> hours of operation resulting in noise and traffic late into the night. The Town of Mashpee has experienced the
<br /> impact of having an adult entertainment establishment in close proximity to residential uses. This establishment
<br /> generated 23 reported incidents to the Mashpee Police Department between 1995 and February 1998, and;
<br /> Whereas, it is the intention of the Town of Mashpee in the adoption of this Bylaw to rely upon and reference the
<br /> findings of the aforementioned cities in various detailed studies said cities have conducted, in addition to the
<br /> experience of Mashpee's adult entertainment establishment. Said studies empirically document the adverse
<br /> influences and effects of adult entertainment uses on surrounding properties, and;
<br /> Whereas, the Town of Mashpee is predominantly residential in its character and development pattern, being
<br /> approximately 48% residential land use with another 45% in open space, recreational, and institutional use,
<br /> including schools, with less than 5% of commercial and industrial uses, and;
<br /> Whereas, the Town of Mashpee desires to protect its residential lands from the secondary effects of commercial
<br /> adult entertainment uses and to ensure and promote the Town's image as a safe, pleasant, and attractive place of
<br /> residence for families with children, to preserve and promote the peace and quiet enjoyment of these areas for all
<br /> persons, and;
<br /> Whereas, it is the desire of the Town of Mashpee to preserve and protect the safety of children and young people
<br /> in the vicinity of schools where they may be expected to walk, congregate and play, and furthermore that
<br /> children and young people not be subjected to confrontation with the existence of adult entertainment uses in the
<br /> vicinity of schools, and;
<br /> Whereas, the Town of Mashpee, as an aid to mitigating the aforementioned impacts of adult entertainment uses,
<br /> desires to physically separate commercial adult entertainment uses from residential and school uses, so that
<br /> residents are not subjected to confrontation with the existence of adult entertainment uses in the vicinity of their
<br /> residences and schools, and;
<br /> Whereas, adult entertainment uses such as those engaging in the sale, rental or display of sexually explicit
<br /> materials, including books, magazines, periodicals, pictures, photographs, slides, movies, and videos, or other
<br /> adult entertainment uses, such as adult dance clubs or paraphernalia stores, may legitimately be controlled by a
<br /> municipality, either through concentration in certain locations, or separation from other uses which will be
<br /> inordinately impacted by the sale, rental or display of sexually explicit materials, and, furthermore, Section 9A of
<br /> Chapter 40A of the Massachusetts General Laws specifically provides for municipal regulation of adult
<br /> entertainment uses through Special Permits and standards related to location and separation of such uses, and;
<br /> Whereas, the Town of Mashpee does not desire to suppress any speech activities protected by the First
<br /> Amendment, but rather to enact a content neutral Bylaw concerned with the secondary effects of adult
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