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May 5,1998
<br /> Town Meeting opened at 7:35 p.m. -155 voters present,
<br /> Article 32
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<br /> Whereas,there is documented experience in numerous other cities,including:Boston,Massachusetts;
<br /> Seattle and Tacoma,Washington;Detroit,Michigan;Austin,Amarillo,Beaumont,Dallas,and Houston,
<br /> Texas;Indianapolis,Indiana;Los Angeles,California;Phoenix,Arizona;Oklahoma City,Oklahoma;and,
<br /> Minneapolis and St.Paul,Minnesota showing that adult entertainment uses degrade the quality of life in
<br /> the areas of a community where they are located,with impacts including increased level of crime,blight,
<br /> depreciation of property values,and late hours of operation resulting in noise and traffic late into the night.
<br /> The Town of Mashpee has experienced the impact of having an adult entertainment establishment in close
<br /> proximity to residential uses. This establishment generated 23 reported incidents to the Mashpee Police '
<br /> 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
<br /> reference the fording$of the aforementioned cities in various detailed studies said cities have conducted,in
<br /> addition to the experience of Mashpee's adult entertainment establishment. Said studies empirically
<br /> document the adverse 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,
<br /> being approximately 48%residential land use with another 45%in open space,recreational,and
<br /> institutional use,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
<br /> commercial adult entertainment uses and to ensure and promote the Town's image as a safe,pleasant,and
<br /> attractive place of residence for families with children,to preserve and promote the peace and quiet
<br /> enjoyment of these areas for all persons,and;
<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
<br /> furthermore that children and young people not be subjected to confrontation with the existence of adult
<br /> entertainment uses in the vicinity of schools,and; Whereas,the Town of Mashpee,as an aid to mitigating
<br /> the aforementioned impacts of adult entertainment uses,desires to physically separate commercial adult
<br /> entertainment uses from residential and school uses,so that residents are not subjected to confrontation
<br /> with the existence of adult entertainment uses in the vicinity of their residences and schools,and;Whereas,
<br /> adult entertainment uses such as those engaging in the sale,rental or display of sexually explicit materials,
<br /> including books,magazines,periodicals,pictures,photographs,slides,movies,and videos,or other adult
<br /> 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
<br /> 9A of Chapter 40A of the Massachusetts General Laws specifically provides for municipal regulation of
<br /> adult entertainment uses through Special Permits and standards related to location and separation of such i
<br /> uses,and;
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<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
<br /> life,and therefore desires reasonable regulation of the location of adult entertainment uses in order to
<br /> provide for the protection of the image of the community,its property values,and to protect the residents
<br /> of the community from any adverse effects of such adult entertainment land uses,while providing to those
<br /> who desire to patronize adult entertainment land uses such an opportunity in areas within the Town which
<br /> are appropriate for such land uses, and;
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