Borough of Garwood, NJ Article V Indecent and Immoral Performances and Attire

[Added 11-23-1993 by Ord. No. 93-35]

§ 71-37 Intent.

It is the intention of the Mayor and Council that certain types of performances and the wearing of certain types of attire while such performances are being conducted should be limited in the Borough to restricted areas in order to protect the public safety from any potential unruly behavior.

§ 71-38 Prohibited acts.

A. Dancing and entertainment. No person shall engage in or shall any person allow, permit or suffer any person employed by him to perform any dancing or other entertainment in or on any premises described in § 71-39 of this chapter (Prohibited premises) in a lewd, licentious or lascivious manner.

B. Exposure or indecent attire of entertainers. No person shall engage in or shall any person allow, permit or suffer any person employed by him or her to appear in or on any part of the prohibited premises, in any act, scene, sketch or other form of entertainment, including, but not limited to, dancing for the benefit of the patrons of any business located in the prohibited premises with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.

C. Exposure or indecent attire of employees. No person shall employ, allow, permit or suffer any person who comes in contact with or is likely to come in contact with the patrons of any business located in the prohibited premises to appear in the presence of such patrons with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.

§ 71-39 Prohibited premises.

No person shall perform, engage in or allow any person engaged by him or her to do any of the prohibited acts described in § 71-38 above in any of the prohibited premises.

A. In any business located within 1,000 feet of any establishment licensed for the sale and distribution of alcoholic beverages.

B. In any business located within 1,000 feet of any school, church, day-care facility, public park, or any public building.

§ 71-40 Violations and penalties.

[Added 12-10-2002 by Ord. No. 02-28]

Any person violating the terms of this article shall be subject to a fine of not more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and each day on which a violation occurs shall be deemed a separate violation.