THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, October 3, 1996 TAG: 9610030360
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: NAGS HEAD LENGTH: 67 lines
A moratorium on permit applications for adult and sexually oriented businesses has been extended for an additional three months in this beach community.
The ban was extended until April 1997 by a unanimous vote of the Nags Head Board of Commissioners. Meanwhile, the town is continuing work on an ordinance governing such establishments, to ensure that town regulations pass constitutional muster.
The board also passed a number of definitions to strengthen and broaden any future ordinance. Work is continuing on the town regulations, and probably will not be completed until some time next year.
No applications for such businesses are pending.
At last month's meeting of the board, a number of local clergy and residents spoke out against adult-oriented businesses. On Wednesday, a smaller but no less vocal group spoke.
``The people of Nags Head do not want to see this kind of establishment within the town,'' said Howard Cliborne, a Nags Head resident. ``We don't want a permissive ordinance.''
Many towns have been unsuccessful in attempts to ban sexually oriented or adult establishments. Nags Head Town Attorney Tom White said that court battles testing the constitutionality of municipal laws generally wind up before the U.S. Supreme Court, costing municipalities thousands of dollars in legal fees.
But Cliborne urged the board to consider all avenues, including looking to the state for assistance. Senate President Pro Tempore Marc Basnight has offered his help in developing an ordinance for Dare County communities.
Linda Moore, whose family owns Beach Bowling Center in Nags head, said she is willing to lease some adjoining property she owns to the town for a playground for $1 per year.
Town officials have discussed the possible creation of a special district for adult bookstores and movie theaters, but no action has been taken.
``I don't think we want anything like this in Dare County, much less in Nags Head,'' Moore said. ``In areas where these type businesses are in place, it's the first thing you see when you come in, and the last thing you see when you leave.''
The definitions approved Wednesday expanded the meaning of a variety of terms, including escort services, adult bookstores, adult media centers and others.
White said additional work must be done to determine the socioeconomic impact of such establishments on crime and the tourism industry.
``I think this issue needs to come up at regular intervals to keep the public aware,'' White said.
Mayor Renee Cahoon agreed: ``It keeps us working on it, keeps us aware of it, and lets the public know that we're not stonewalling it.''
In other business, the commission:
Reviewed a draft of a new noise ordinance for the town. While the current ordinance sets subjective standards for violation, the draft ordinance establishes exact decibel levels and is a joint effort between Police Chief Charles Cameron, town staff members and East Carolina University Professor Garrett Hume.
In two court cases involving the noise statute, the town has won once and lost once. White said more objective noise standards will make the ordinance easier to enforce.
Heard a presentation concerning a new county youth center in Kill Devil Hills. Dare County Sheriff's Deputy Bill Morris and youth activist Anna Taylor appeared to ask for financial support from the board. The board put the request on hold until members could be provided with more information on the projected cost of the facility.. by CNB