[Ord. 33-1982, 83 § 1, passed 9-14-1982]
As used in this article, the following terms, words and phrases shall have the meanings ascribed to them by this section:
- ADULT BOOKSTORE
- A business establishment of any size or description having any portion of its stock-in-trade, including but not limited to books, magazines, films, photographs, drawings, visual representations or writings, distinguished or characterized by emphasis on matter depicting, describing or related to specified anatomical areas or to specified sexual activities, or a business establishment having a segment or portion of its premises devoted to the display or sale of such material.
- (1) Human male genital organ in a discernibly turgid state of sexual stimulation or arousal;
- (2) Acts of human sexual intercourse, human masturbation, human sodomy, deviate sexual intercourse between human beings, human sexual intercourse with an animal;
- (3) Fondling, indecent contact or other erotic touching of specified anatomical areas.
[Ord. 33-1982, 83 § 2, passed 9-14-1982]
No person shall establish or maintain or permit to be established or maintained any adult bookstore:
Within the following zoning districts as now constituted or as hereinafter created or extended by or under the City Zoning Ordinance. (The designation and description of such districts under such Zoning Ordinance being incorporated herein by reference thereto):
Within 500 feet of the geographical boundary line of any of the zoning districts enumerated in subsection (a) hereof.
Within 500 feet of any building or other structure being used for residential purposes.
Within 1,000 feet of any school (public, private or parochial), library, church, synagogue, public or private playground or park, or any other adult bookstore.
[Ord. 33-1982, 83 § 3, passed 9-14-1982]
The Mayor or his designee shall enforce the provisions of this article with the assistance and cooperation of the City Bureau of Police.
[Ord. 33-1982, 83 § 4, passed 9-14-1982]
The person charged with enforcement of this article pursuant to Section 711.03 shall serve written notice of the violation of this article upon the person then in charge of the adult bookstore and/or upon the owner, lessee or other occupant of the premises constituting the adult bookstore, and/or upon the lessor or licensor of the premises constituting the adult bookstore, and/or upon the agent of any of the foregoing. Such notice shall indicate the date, the fact of the violation of this article and a directive that such violation shall be terminated and discontinued immediately.
[Ord. 33-1982, 83 § 6, passed 9-14-1982]
Council hereby determines and declares that the continued maintenance of an adult bookstore in violation of this article is contrary to the health, welfare and morals of City residents and is, therefore, a public nuisance and subject to abatement by appropriate civil action.
The Mayor is hereby authorized and empowered without further direction by Council to institute such action at law or in equity in any court having jurisdiction to abate such nuisance and enjoin and terminate the continued violation of this article.
[Ord. 33-1982, 83 § 5, passed 9-14-1982]
Any person receiving notice as provided in Section 711.04 who fails, refuses or neglects to obey the directive thereof, and any person who knowingly commits, participates in or permits any violation of this article shall be guilty of and liable for a summary offense, and upon conviction before a District Justice, shall be fined not exceeding $300 and the costs of the action, and/or be imprisoned for not exceeding 30 days.
Each day that such violation continues after notice as provided in Section 711.04 shall constitute a separate violation hereof punishable as such without separate or additional notice after the initial notice given as prescribed above.