[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 11-12-1991 by Ord.
No. 1,032 as Ch. 90 of the 1991 Code. Amendments
noted where applicable.]
The operating or conducting of any business, trade or occupation
so as to constitute a hazard to human health or produce an offensive
odor is hereby declared a nuisance and is prohibited.[1]
[1]
Editor's Note: Original § 90-2, Tattooing, which
immediately followed this section, was repealed 11-17-2008 by Ord.
No. 29-08, effective 12-13-2008.
The operating or conducting of a massage, bodywork or somatic
therapy establishment, including the employment of a licensed massage
therapist, shall be permitted under the following conditions:
A.
In the office of a licensed physician (MD or DO), chiropractor (DC)
or physical therapist.
B.
In a health facility (hospital, ambulatory care, medical rehabilitation,
long-term care) licensed by the New Jersey Department of Health and
having a staff that consists of a licensed physician (MD or DO), chiropractor
or physical therapist.
C.
In the residence of a patient by a licensed massage therapist employed
by a licensed physician (MD or DO), chiropractor, physical therapist,
or New Jersey certified home health agency.
D.
Massage therapists and massage, bodywork and somatic therapy establishments
shall be properly licensed by the New Jersey Division of Consumer
Affairs and adhere to all its statutes and regulations.
E.
The licensed massage therapist shall hold a current license issued
by the New Jersey Division of Consumer Affairs, be of good moral character,
and obtain 24 hours of approved continuing education credits biennially.
F.
Massage, bodywork and somatic therapy establishments providing the
services of a licensed massage therapist not meeting the provisions
of this section but in existence prior to its adoption shall be grandfathered
into this section.
The purpose of this section is to regulate, in accordance with
state law, the public display by retailers of obscene materials.
A.
OBSCENE MATERIALS
(1)
(2)
(3)
RETAILER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any description, narrative account, display, or depiction
of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance, or film, which by means of posing, composition,
format or animated sensual details:[1]
Depicts or describes, in a patently offensive way, ultimate
sexual acts, normal or perverted, actual or simulated, masturbation,
excretory functions, or lewd exhibition of the genitals;
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole; and
Is a part of a work which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which
appeals to the prurient interest.
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
old, who is in the business of making sales of periodicals or other
publications at retail, containing pictures, drawings or photographs.
B.
Presumptive evidence of violation. The public display of obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
C.
Prohibited acts. It shall be a petty disorderly persons offense for
a retailer to display or permit to be displayed at his business premises
any obscene material at a height of less than five feet or without
a blinder or other covering placed or printed on the front of the
material displayed.
