[HISTORY: Adopted by the City Council of the City of Vineland 4-23-1996 by Ord. No. 96-32 (Ch. 393 of the 1990 Code). Amendments noted where applicable.]
The City Council of the City of Vineland finds as follows: That, within the City of Vineland, commercial premises, buildings and structures or parts thereof which, by reason of the design and use of such premises, buildings or structures, are conducive to the spread of communicable disease are of danger to persons frequenting such premises, buildings and structures, and to the public health, safety and welfare of the community. The health, safety and welfare of all persons in the City of Vineland must be protected through the application and enforcement of standards regulating such premises, buildings and structures in order to eliminate the possibility of the spread of or infection by contagious disease. The sexually transmittable disease of acquired immune deficiency syndrome, currently found to be irreversible and uniformly fatal, is found to be of particular danger to persons in this community. This incidence of this disease is found to occur in discernible population groups. The risk factors for obtaining or spreading the disease are associated with high-risk sexual conduct. The commercial premises, buildings and structures where persons are found at risk of infection from this disease or other communicable diseases facilitated by their design or use for high-risk sexual conduct are in need of regulation and of establishment of minimal standards for the prevention of the spread of this disease and other communicable diseases for the protection of the public health, safety and welfare of the community.
The following definitions shall apply in the interpretation and enforcement of this chapter:
- BOOTHS, STALLS OR PARTITIONED PORTIONS OF A ROOM OR INDIVIDUAL ROOMS
- Enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct or enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booth, stalls or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees.
- DOORS, CURTAINS or PORTAL PARTITIONS
- Full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure.
- HAZARDOUS SITE
- Any commercial premises, building or structure, or any part thereof, which is the site of high-risk sexual conduct.
- HEALTH OFFICER
- The executive officer of the Department of Health of the City of Vineland, or his authorized representative, licensed by the State of New Jersey.
No commercial building, structure, premises or part thereof, or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in or permitting persons to engage in sexual activities which include high-risk sexual conduct.
No person shall own, operate, manage, rent, lease or exercise control of any commercial building, structure, premises or portion or part thereof which contains:
Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition.
Booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
The standards as set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.
In exercising powers conferred by this chapter relating to sexually contagious diseases, the Department of Health and the Director of the Department of Health shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services which relate to the spread of infectious diseases.
In order to ascertain the source of infection and reduce its spread, the Director of the Department of Health and officers and employees under the Director's direction and control shall have full authority to inspect or cause to be inspected and to issue orders regarding any commercial building, structure or premises, or any part thereof, which may be a site of high-risk sexual conduct. If the Director of the Department of Health determines that a hazardous site exists, the Director of the Department of Health shall declare it to be a public health hazard and public health nuisance and shall then:
Issue a warning to the management, owner or tenant of the premises stating the reasons for the Director's belief that the premises, building or structure is a hazardous site and shall order the management, owner or tenant of the premises constituting the hazardous site to take corrective measures to prevent high-risk sexual conduct from taking place within the premises;
If, within 10 days from issuance of the orders to the management, owner or tenant of the hazardous site, the Director determines that such corrective measures have not been undertaken, then the Director of the Department of Health, or his designee, shall issue a summons alleging violations of the provisions of this chapter returnable in the Municipal Court of the City of Vineland.
Any person, corporation or member of a partnership or corporation violating any provisions of this chapter, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each violation of any provision of this chapter shall be deemed and taken to be a separate and distinct offense, which penalty shall be sued for and recovered in an action before the Municipal Court of the City of Vineland by either summons or warrant and shall be prosecuted in the name of said City. Anyone convicted of violating any provisions of this chapter shall also be subject to the penalties set forth in § 593-6 of this chapter.
In addition to the penalty prescribed in § 593-5 of this chapter, the Department of Health may temporarily close the hazardous site of any defendant convicted of any provisions of this chapter twice within a period of six months until the premises, building or structure is in compliance with the standards set forth in this chapter and may cause a notice to be posted on the main entrance of such premises, building or structure, reading "CLOSED BY DEPARTMENT OF HEALTH."