Township of Pennsauken, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as Ch. 92 of the 1977 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Massage parlors — See Ch. 200.
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under circumstances having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
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 and other periodicals and films and other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to special sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE FACILITY
An enclosed building to accommodate multiple people, or an enclosure design for a single person, used for presenting either as a feature or for preview material distinguished or characterized by an emphasis in a matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
[Added 2-26-1997 by Ord. No. 97-6]
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
MOTION PICTURE
Film or films 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, 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 and 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.
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.
B. 
Human genitals in a discernibly turgid state, even if covered.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
VIDEO BOOTHS
Video booths for the use of viewing video movies or films in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochism abuse.
[Added 3-26-1997 by Ord. No. 97-8]
A. 
Adult bookstores, adult motion-picture theaters and facilities, video booths (as defined in § 84-2), dance halls, poolrooms, billiard parlors, bowling alleys and coin-operated and other amusement device arcades are hereby deemed to be regulated uses.
[Amended 5-12-1982 by Ord. No. 82-14; 2-26-1997 by Ord. No. 97-6; 3-26-1997 by Ord. No. 97-8]
B. 
No regulated use may be located within 1,000 feet of any other regulated use nor within 1,000 feet of a residentially zoned area or a T-1 Zone.
[Amended 4-22-1998 by Ord. No. 98-01; 11-22-1999 by Ord. No. 99-41; 12-30-2002 by Ord. No. 02-39]
[Amended 9-12-1984 by Ord. No. 84-26]
Any person, firm or corporation or other party violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,250 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge. Each and every violation of and nonconformance to 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.