This chapter shall be known as the "Dover Borough
Adult Bookstore Ordinance."
As used in this chapter, certain terms are defined
as follows:
ADULT BOOKSTORE
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.
ADULT THEATER
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.
MASSAGE PARLOR
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.
SEXUAL DEVICE
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.
SPECIFIC ANATOMICAL AREAS
The:
B.
Female breasts below a point immediately above
the top of the areola; or
C.
Penis, vagina, anus, genitals, pubic area, perineum
or anal area.
SPECIFIC SEXUAL ACTIVITIES
The:
A.
Human male genitals in a discernibly turgid
state of sexual stimulation or arousal;
B.
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
C.
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.