[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:
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.
Full, complete, nontransparent closure devices through which
one cannot see or view activity taking place within the enclosure.
Any commercial premises, building or structure, or any part
thereof, which is the site of high-risk sexual conduct.
The executive officer of the Department of Health of the
City of Vineland, or his authorized representative, licensed by the
State of New Jersey.
A.Â
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.
B.Â
No person shall own, operate, manage, rent, lease
or exercise control of any commercial building, structure, premises
or portion or part thereof which contains:
(1)Â
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.
(2)Â
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.
C.Â
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.
A.Â
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.
B.Â
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:
(1)Â
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;
(2)Â
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."
