Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Spotswood 7-10-2000 by Ord. No. 2000-12. Amendments noted where applicable.]
For the purposes of this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
The showing of the human male or female genital, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
A person who knowingly or intentionally, in a public place:
Engages in sexual intercourse,
Engages in deviate sexual intercourse as defined by the New Jersey criminal statutes,
Appears in a state of nudity, or
Fondles the genitals of himself, herself or another person.
Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
The prohibition set forth in § 114-1, the definition of "public indecency," Subsection C, shall not apply to:
Any child under 10 years of age; or
Any individual exposing a breast in the process of breast-feeding an infant under two years of age.
In addition to the specific penalties provided in this chapter, it is hereby declared that any building, portion of a building, or enclosed place regularly used for the prohibited display of public nudity is a public nuisance, subjecting the owner, proprietor or other operator thereof to any and all actions authorized by the State of New Jersey and/or the revised general ordinances of the Borough of Spotswood for the abatement of public nuisances.
[Amended 2-6-2006 by Ord. No. 2006-02]
Whoever violates this chapter, either by commission of a public indecency, or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, shall be guilty of a summary offense, and, upon conviction, shall be punished by one or more of the following: a fine of not more than $2,000, imprisonment for not more than 90 days or a period of community service not exceeding 90 days. Each day such violation continues shall be a separate offense.
It is the intention of the Borough of Spotswood that the provisions of this chapter be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the Constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this chapter. Should a court of competent jurisdiction determine that any part of this chapter, or any application or enforcement of it is excessively restrictive of such rights or liberties and therefore invalid such adjudication shall apply only to the section, paragraph, subdivision, clause, or provision so adjudged and the remainder of the chapter shall be deemed valid and effective.