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<br /> t May 5, 1998
<br /> Town Meeting opened at 7.35 p.m. - 155 voters present.
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<br /> Article 32
<br /> Whereas, there is documented experience in numerous other cities, including: Boston, Massachusetts; Seattle
<br /> and Tacoma,Washington; Detroit, Michigan; Austin, Amarillo,Beaumont, Dallas, and Houston, Texas;
<br /> Indianapolis, Indiana; Los Angeles, California; Phoenix, Arizona; Oklahoma City, Oklahoma; and, Minneapolis
<br /> and St. Paul,Minnesota showing that adult entertainment uses degrade the quality of life in the areas of a
<br /> community where they are located,with impacts including increased level of crime,blight, depreciation of
<br /> property values, and late hours of operation resulting in noise and traffic late into the night. The Town of
<br /> Mashpee has experienced the impact of having an adult entertainment establishment in close proximity to
<br /> residential uses. This establishment generated 23 reported incidents to the Mashpee Police Department between
<br /> 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
<br /> the 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;
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<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;
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<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
<br /> all persons, and;
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<br /> Whereas, it is the desire of the Town of Mashpee to preserve and protect the safety of children and young
<br /> people in the vicinity of schools where they may be expected to walk, congregate and play, and furthermore
<br /> that children and young people not be subjected to confrontation with the existence of adult entertainment uses
<br /> in the 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
<br /> of 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
<br /> entertainment uses on the surrounding community, especially crime and effects upon children and family life,
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