[HISTORY: Adopted by the Township Committee of the Township
of Montague 5-11-04 as Ord. No. 2004-04. Amendments noted where applicable.]
A.
SEXUALLY-ORIENTED BUSINESS — A commercial establishment which:
(1)
As one of its principal business purposes offers for sale, rental,
or display any of the following:
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes, slides or other
visual representations which depict or describe a "specified sexual
activity" or "specified anatomical area"; or still or motion picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a "specified sexual
activity" or "specified anatomical area"; or instruments, devices,
or paraphernalia which are designed for use in connection with a "specified
sexual activity"; or(2) Regularly features live performances characterized
by the exposure of a "specified anatomical area" or by a "specified
sexual activity," or which regularly shows films, motion pictures,
video cassettes, slides, or other photographic representations which
depict or describe a "specified sexual activity" or "specified anatomical
area".
A.
No person shall operate a sexually-oriented business within 2,500
feet of any existing sexually-oriented business, or any church, synagogue,
temple or other place of public worship, or any elementary or secondary
school or any school bus stop, or any municipal or county playground
or place of public resort and recreation, or any hospital or any child
care center, or within 2,500 feet of any area zoned for residential
use. This subsection shall not apply to a sexually-oriented business
already lawfully operating on the effective date of this chapter where
another sexually-oriented business, an elementary or secondary school
or school bus stop, or any municipal or county playground or place
of public resort and recreation, or any hospital or any child care
center, is subsequently established within 2,500 feet, or a residential
district or residential lot is subsequently established within 2,500
feet.
B.
Every sexually-oriented business shall be surrounded by a perimeter
buffer of at least 100 feet in width with plantings, fence, or other
physical divider along the outside of the perimeter sufficient to
impede the view of the interior of the premises in which the business
is located. This subsection shall not apply to a sexually-oriented
business already lawfully operating on the effective date of this
chapter.
C.
No sexually-oriented business shall display more than two exterior
signs, consisting of one identification sign and one sign giving notice
that the premises are off limits to minors. The identification sign
shall be no more than 40 square feet in size.
A.
Any person, as defined above, who shall violate any of the prohibitions
of this chapter shall, upon conviction, be subject to a fine not exceeding
$1,000 or be imprisoned for a term not exceeding 90 days, or both,
for each and every offense.
B.
Every day that the provisions of this chapter are violated by any
person as defined herein shall be a separate and distinct violation
of this chapter.
A violation of this chapter shall also be grounds for revocation
of any license or certificate of occupancy issued by the municipality
on the premises.
