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 Denville, in order to better promote the public health, safety
and general welfare of its citizens, does ordain as follows.
It is the purpose of this chapter to regulate both preexisting
and subsequently established 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 Denville. The Township Council of the
Township of Denville 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, as well as complaints received from residents within
the Township of Denville, 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 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 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.
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.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breasts below the point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttock or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C.
Administration and enforcement of this chapter shall be the responsibility of the Township of Denville Zoning Official, Township of Denville Police Department, Township of Denville Health Officer and the Township of Denville Engineer. The Township, by and through its authorized representatives, is hereby authorized to enter any property regulated by this ordinance, at reasonable or necessary times in order to properly inspect for violations in accordance with §
444-7 of this chapter.
It shall be a petty disorderly offense for a retailer as defined
by N.J.S.A. 2C:34-3.1 to display or permit to be displayed at his
or her business premises, any obscene material as defined by N.J.S.A.
2C:34-3 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.
The public display of the obscene material shall constitute presumptive
evidence that the retailer knowingly made or permitted the display.