Mt. Vernon Register-News

March 14, 2013

Foxxxy Ladyz violates ordinances

The board will be sending a letter to the establishment describing the violations

By RICK HAYES
rick.hayes@register-news.com

DIX — — On a unanimous vote, members of the Dix Village Board agreed with local businessman Phil Pittman and a group of concerned citizens that the Foxxxy Ladyz Adult World Club is in violation of some village ordinances.

The citizens group had previously expressed concerns about the safety of employees at the club, presenting a plan to the board in February. But the board took no action on the proposal to adopt new ordinances.

Since that time, Pittman and his wife Janet investigated some of the current ordinances and believed the club to be in violation of eight ordinances. Pittman prepared a letter for the Board's review, and community members joined him in the fight to get the Board to take action against the club.

"Some of them (community members) signed the letter and sent them in, mailed them, or visibly took them to the Board," Pittman said. "My wife and I prepared the letter and people started asking for copies. It kind of mushroomed from there."

Pittman and a small group of citizens petitioned the Board to take action at Tuesday's regular monthly meeting, resulting in the Board's action. The group was told the club will be sent correspondence within a "reasonable" amount of time describing the ordinance violations.

Pittman's letter outlines some of the ordinances which may be in violation, including:

n Section 6: Healthy, Safety and Police Power Regulations passed Feb. 13, 1996. No person shall keep or permit or operate any bawdy house. "Bawdy" is defined as a house of ill-fame kept for the resort and unlawful commerce of lewd people of both sexes, such a house is a common nuisance, as it endangers the public peace by drawing together dissolute and debauches persons and tends to corrupt both sexes by an open profession of lewdness.

Section 6:15: No person shall sell or exhibit obscene or immoral publications, prints, pictures, or illustrations. Pittman states the club sells sexual oriented items and the outside signs are "immoral illustration and pictures."

Section 6.22: No person shall commit any act or permit any condition which creates a nuisance within the Village of Dix. Part K states: The parking lot generates or creates dust and or excessive water runoff onto public property or private property owned by another person. Part I states: Dumping on street trash, waste, garbage or other debris. Part H states: Making any loud, unnecessary or unusual noises which disturb the peace of the public. Part J states: Cannot park, leave, place, etc. any type of vehicle, including, but not limited to, trailers, boats, or motor homes, on a public street except under normal parking regulations and conditions or emergency status.

Pittman alleges that he has picked up in the ditch and off the road bottles, cans and other trash. Village Board member Pat Burke said in the January meeting he had also picked up the same and even put it all back on them.

Section 6.1: No person shall permit or use any motor vehicle, including but not limited to cars, trucks, buses, box or semi trailers, or campers, to be used for storage of anything or item. Pittman alleges there are two semi-trailers, one inside the fence with no gate for allowing removal.

Section 6:21: No person shall place, throw, deposit, drop, discard, or otherwise littler any paper, can, glass, wrapper, garbage, debris, waste, or any other item upon any sidewalk, roadway, alley, street, yard, public property or private property within the Village except in public or private litter receptacles. Pittman says one need only check the roadway and ditches along Duncan Lane to prove this is a violation.

Section 6.20: No person shall place or store any tire or tires upon any public or private property except within an enclosed building. Pittman states you can see tires next to the fence from Interstate 57.

Section 6.23: Any person who violates or omits or refuses to comply with the provisions of any Section of this ordinance shall upon conviction be fined not less than $25 or more than $500; and a separate offense shall be deemed to have been committed upon each day of which such violation occurs or continues.

Ordinance 2010-05: Prohibiting Public Nudity. It is in the public interest to maintain social order, health welfare and safety of citizens. Pittman stated, "The Foxxxy Ladyz has women, girls, men who get nude in public for money. They have signage on their building 15 feet tall, including one that reads: Nude Dancers."

Ordinance 2010-06: Prohibiting the possession of alcoholic liquor within business operating as a public accommodation BYOB (bring your own booze/bottle/beer or brown bag). Pittman stated the club advertises as a bar on the Internet and the evidence is in the ditches and on the streets.

Ordinance 2010-04: Prohibiting the consumption and/or possession of open alcohol in public places. Pittman states, "This can evidenced by reading police reports of the performed sweeps during the warmer months by the sheriff's department."

Pittman reported the village's legal counsel, David Leggins, has not fully determined which ordinances the club has violated, although "he did say 100 percent the booze, trash and nudity were all violations," Pittman said. "The rest of them they will have to look at, actually visualize what is taking place."

Pittman said he is not waging a personal vendetta against the club, but townspeople overall believe that everyone in Dix should abide by rules.

"I don't want to run any business away; everybody has a right to own a business, and I don't want them to go out of business. My agenda is just to comply with the ordinances we have in Dix," Pittman said. "This includes protecting their workers and the people of Dix."

Pittman said while the core of the community group has fallen off in terms of numbers, he believes the town is united on this issue.

"I told Larry (Village Board President Larry Mooney) the town would support this, so it's not all on him or the Board. Our group is still strong."

Mooney released the following statement on behalf of the Village on Wednesday.

"Ciitzens have voiced concerns to the village board about village ordinances being violated. The Village Board is directing a letter to the business about these concerns. The concerns include disturbances at the business, trash and debris along the roadway by the business and ordinance violations related to alcohol.” Mooney said this is the only public statement the Village Board desires to make at this time.