Considering the nature of adult bookstores and adult motion-picture
theaters and the tendency of such to have a deleterious effect, thereby requiring
the regulation of the location of such establishments, it is hereby declared
to be the policy of the Township of Haddon in the County of Camden and State
of New Jersey with regard to such establishments as set forth in this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
An establishment having, as a substantial or significant portion
of its stock-in-trade, books, magazines, other periodicals, films and other
viewing materials which are distinguished or characterized by their emphasis
on matters depicting, describing or relating to specified sexual activities,
sexual conduct or specified anatomical areas, or an establishment in which
a segment or section of the premises is devoted to the sale, rental or display
of such material.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished or
characterized by an emphasis on matters depicting, describing or relating
to specified sexual activities, sexual conduct or specified anatomical areas
for observation by patrons therein.
MOTION PICTURE
Film or films, continuous slides or pictures of any nature in which
any person is shown, depicted or revealed in any act of sexual conduct or
sadomasochistic abuse.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude or clad
in undergarments or in revealing or bizarre costumes, or the condition of
one who is nude or so clothed and is being fettered, bound or otherwise physically
restrained.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals,
pubic areas or buttocks of the human male or female or the breasts of the
female, whether alone or between members of the same or opposite sex or between
humans and animals, in an act of apparent sexual stimulation or gratification.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human genitals, pubic region,
buttock or female breast below a point immediately above the top of the areola;
or
B.
Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Any act of human masturbation, sexual intercourse or sodomy; or
C.
Fondling or other erotic touching of human genitals, pubic region, buttock
or female breasts.
Adult bookstores and adult motion-picture theaters are hereby deemed to be regulated uses.
[Amended 1-4-1977 by Ord.
No. 627]
No portion of any regulated use may be located within 1,000 feet of
any other like regulated use nor within 1,000 feet of any residentially zoned
area or any church or any school, and no alteration, addition, improvement
or like construction in connection with any regulated use shall be permitted
if such alteration, addition, improvement or like construction shall be within
1,000 feet of any like regulated use or 1,000 feet of any residentially zoned
area or any church or any school.
[Amended 4-7-1987 by Ord.
No. 819]
Any person, firm or corporation or other party violating any of the
provisions of this chapter shall, upon conviction thereof, be subject to a
fine not exceeding $1,000 or imprisonment in the county jail for a term not
exceeding 90 days, or both. Each and every violation of and nonconformance
with this chapter or each day that any provision of this chapter shall have
been violated shall be construed as a separate and distinct violation thereof.