[HISTORY: Adopted by the Township Committee of the Township of Waterford 6-11-2008 by Ord. No. 2008-6. Amendments noted where applicable.]
Sex offenders — See Ch. 228.
It is the Legislative intent of the Township Committee of the Township of Waterford to repeal Ordinance 81-9 of the Township of Waterford in order to authorize and comtemporize the regulation of sexually oriented businesses within the borders of the Township of Waterford, County of Camden, State of New Jersey.
Editor's Note: This ordinance comprised former Ch. 77, Adult Establishments, adopted 9-9-1981.
Statutory authorization. It is the responsibility of the local government to adopt regulations designed to promote the public health, safety and general welfare. Such power has been delegated to the municipalities from the legislature of the State of New Jersey. The Township Committee of the Township of Waterford, in order to better promote the public health, safety and general welfare of its citizens, does ordain as follows.
Findings of fact.
Pursuant to N.J.S.A. 2C:34-2b, the Legislature of the State of New Jersey has determined that it is a fourth-degree crime to sell, distribute, rent or exhibit material which is obscene. Consequently, the State of New Jersey has preempted the Township of Waterford from prohibiting the sale of material which the Township believes to be obscene. However, in order to promote the public health, safety and general welfare of its citizens, the Township of Waterford may promulgate reasonable time, place and manner regulations with respect to the sale, distribution, rental or exhibition of various items by sexually oriented businesses.
The Township of Waterford has determined that sexually oriented businesses have a deleterious effect on both the existing businesses adjacent to such establishments as well as the surrounding residential areas; cause increased crime, especially prostitution; adversely affect property value; create an atmosphere which is inimical to the values of a significant segment of the Township's population; and encourage residents and businesses to move elsewhere and that such sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.
Purposes and objectives. It is the purpose of this chapter to regulate sexually oriented businesses so as to minimize and control the adverse effects recognized in the preceding section and to promote the public health, safety and general welfare of the citizens of the Township of Waterford. The Township Committee of the Township of Waterford finds that the secondary effects of adult entertainment establishments, as established through the reports and studies of other cities and municipalities with the appropriate resources to conduct the same, is deleterious and inimical to health, safety and general welfare of the residents of the municipality. It is not the purpose of this chapter to restrict or deny access by adults to sexually oriented material protected by the First Amendment nor will this chapter have the effect of restricting or denying such access.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT ARCADE
- Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at any one time and where the images displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
- ADULT BOOKSTORE or ADULT VIDEO STORE
- A commercial establishment which as its principal business conspicuously offers for sale or for rental for any form of consideration any one or more of the following:
- A. Books, magazines, periodicals or other printed material or photographs, films, motion pictures and videocassette or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
- B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
- ADULT CABARET
- A nightclub, bar, restaurant or other commercial establishment, whether or not same is licensed to sell alcoholic beverages for on-premises consumption, which regularly features:
- A. Persons who appear in a state of nudity; or
- B. Live performances which are characterized by the exposure of specified anatomical areas or by sexual conduct or by specified sexual activities; or
- C. Films, motion pictures, videocassettes, compact disks, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities, sexual activities, sexual conduct or specified anatomical areas.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:
- A. Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of this adult-type of photographic reproductions;
- B. Offers a sleeping room for a tenant for rent for a period of time that is less than 10 hours; or
- C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
- ADULT MOTION-PICTURE THEATER
- A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established for all adult theaters.
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
- ADULT SEX TOY OR EQUIPMENT SHOP
- A commercial establishment which sells retail, in whole or in part, as defined in the popular culture, sex toys and/or equipment utilized by some as part of the sex act. This is a propriety; these types of items shall be called sexual paraphernalia.
- NUDITY or A STATE OF NUDITY
- The appearance of a human bare buttocks, anus, male genitals, female genitals or female breasts.
- OBSCENE MATERIALS
- The definition of obscene materials set forth in N.J.S.A. 2C:34-2, as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore, adult carbaret, adult motel, adult motion-picture theater or adult theater.
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
It shall be a violation of this chapter if a person operates or causes to operate or allows to operate a sexually oriented business as defined in § 175-3.
It shall be a violation of this chapter if a person operates or causes to operate or allows to be operated a sexually oriented business:
Within 1,000 feet of a place of worship.
Within 1,000 feet of a school, whether public or private, or within 1,000 feet of any school bus stop.
Within 1,000 feet of any other sexually oriented business.
Within 1,000 feet of any residential use or zone.
Within 1,000 feet of any public park or playground.
Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public park or playground, a lot devoted to residential use or a school bus stop.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential lot within 1,000 feet of the sexually oriented business.
Sexually oriented businesses shall conform to design standards and development requirements established through the ordinances of the Township of Waterford.
No person under the age of 18 years shall be permitted on the premises of a sexually oriented business for any purpose.
No display visible from the exterior of the sexually oriented business shall contain material of a sexually oriented nature.
Any person in violation of any provision of this chapter, upon conviction, is punishable by a fine not to exceed $1,000, or a term of imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. In no event shall any person violating this chapter, upon conviction, receive a final fine below the amount of $100.