[HISTORY: Adopted by the Borough Council
of the Borough of Dover 5-7-1984 by Ord. No. 84-3. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
This chapter shall be known as the "Dover Borough
Adult Bookstore Ordinance."
As used in this chapter, certain terms are defined
as follows:
An establishment having any portion of its stock-in-trade,
including but not limited to books, magazines, periodicals, pictures,
photographs, drawings, prints, images, sculpture, still film, motion-picture
film, videotape or other visual representations or writings, distinguished
or characterized by emphasis on matter depicting, describing or related
to specific anatomical areas or to specific sexual activities or to
sexual devices, or an establishment with a segment or section devoted
to the sale, rent, lease, loan, view upon premises or display of such
material.
An establishment or a building or a room within a building
or a portion of a building or a room within a building used for presenting
motion-picture film, videotape or any similar visual representation
of matters distinguished or characterized by an emphasis on specific
anatomical areas, specific sexual activities or sexual devices.
An establishment having a source of income or compensation
derived from the practice of massage, but shall exclude licensed hospitals,
licensed nursing homes, medical offices, clinical offices or other
offices and quarters of licensed health professional practitioners.
An artificial human penis, vagina or anus, or other device
primarily designed, promoted or marketed to physically stimulate or
manipulate the human genitals, pubic area, perineum or anal area,
including dildos, penisators, vibrators, vibrillators, penis rings
and erection enlargement or prolonging creams, jellies or other such
chemicals or preparations.
The:
The:
Human male genitals in a discernibly turgid
state of sexual stimulation or arousal;
Sexual acts, normal or perverted, actual or
simulated, involving a person or persons, or a person or persons and
an animal, including acts of masturbation, sexual intercourse, fellatio,
cunnilingus, analingus or physical contact with a person's nude or
partially denuded genitals, pubic area, perineum anal region or, if
such person be female, a breast; or
Fondling or other erotic touching of specified
anatomical areas.
It shall be unlawful to establish or maintain
an adult bookstore, adult theater or massage parlor within 500 feet
of any residential zone or property having any residential use nor
within 1,000 feet of any church, school, library, park, playground,
day-care center or any other adult bookstore, adult theater or massage
parlor.
A.
When written notice has been served by the Borough
Council of a violation of this chapter upon the person in charge of
such adult bookstore, adult theater or massage parlor or upon the
owner, lessee or occupant of the premises or agent thereof, such violation
shall be discontinued immediately.
B.
Any owner, lessee or occupant of any adult bookstore,
adult theater or massage parlor existing in violation of this chapter
or any person who knowingly commits, participates in or permits any
such violation shall, upon conviction before a District Justice, be
fined not more than $600 for each such violation, together with the
cost of prosecution, and upon refusal to pay such fine and costs shall
be imprisoned in the York County Prison for a period of not more than
30 days. Each day after notice that a violation continues shall constitute
a separate violation hereof punishable as such.
[Amended 4-5-1999 by Ord.
No. 1999-1]
