[Prior code § 3-17.1; amended by Ord. 99-16 § 1, 1999]
A.
Statutory Authorization. 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 mayor and council
of the Borough, in order to better promote the public health, safety
and general welfare of its citizens, do ordain as follows:
B.
Findings of Fact.
1.
Pursuant to N.J.S.A. 2C:34-2(b), the Legislature of the state of
New Jersey has determined that it is a fourth-degree crime to sell,
distribute, rent or exhibit material which is obscene. Consequently,
the state of New Jersey has preempted the Borough from prohibiting
the sale of material which the Borough believes to be obscene. However,
in order to promote the public health, safety and general welfare
of its citizens, the Borough may promulgate reasonable time, place
and manner regulations with respect to the sale, distribution, rental
or exhibition of various items by sexually oriented businesses.
2.
The Borough has determined that sexually oriented businesses have
a deleterious effect on both the existing businesses adjacent to such
establishments as well as the surrounding residential areas; cause
increased crime, especially prostitution; adversely affect property
value; create an atmosphere which is inimical to the values of a significant
segment of the Borough's population; and encourage residents and businesses
to move elsewhere; and that such sexually oriented businesses, when
located in close proximity to each other, contribute to urban blight
and downgrade the quality of life in the adjacent areas. Council is
particularly persuaded and impressed by studies conducted in Minneapolis,
St. Paul, Indianapolis, Phoenix, Amarillo and Los Angeles.
C.
Purposes and Objectives. It is the purpose of this chapter to regulate
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 Borough.
The mayor and council of the Borough find that the secondary effects
of adult entertainment establishments, as established through reports
and studies of other cities and municipalities with the appropriate
resources to conduct such studies, is 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.
[Prior code § 3-17.2; amended by Ord. 99-16 § 1, 1999]
For the purposes of this section, the terms used within this
section shall be defined as follows:
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.
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:
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;
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A nightclub, bar, restaurant or other commercial establishment,
whether or not such establishment is licensed to sell alcoholic beverages
for on-premises consumption, which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposures of
specified anatomical areas or by sexual conduct or by specified sexual
activities; or
Films, motion pictures, video cassettes, compact disks, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities, sexual conduct
or specified anatomical areas.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
and which:
Provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassette, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified sexual conduct or specified
anatomical areas and has a sign visible from a public right-of-way
which advertises the availability of this adult-type of photographic
reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment whether, for any form of consideration,
films, motion pictures, videocassette, 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 adult theaters.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities. Seating
shall be provided in a design consistent with traditional movie theaters.
All sitting areas shall be visible and unobstructed.
The exhibition to the senses of another person for valuable
consideration, whether the valuable consideration is paid by the recipient
of the exhibition or by another and whether the exhibition occurs
at the exhibitor's place of business or elsewhere.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
The definition of "obscene materials" set forth in N.J.S.A.
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 Constitutions 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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater or adult theater.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttock or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in Subsections 1 through 3 of this definition.
[Prior code § 3-17.3; amended by Ord. 99-16 § 1, 1999]
A.
Sexually oriented businesses shall only be located where specifically
and expressly permitted in accordance with the provisions set forth
within the land development ordinance of the Borough.
B.
It shall be a violation of this section if a person operates or causes
to operate or allows to be operated a sexually oriented business:
1.
Within 1,000 feet of a place of worship;
2.
Within 1,000 feet of a school, whether public or private, or within
1,000 feet of any school bus stop;
3.
Within 1,000 feet of any other sexually oriented business;
4.
Within 1,000 feet of any residential use, or zone;
5.
Within 1,000 feet of any public park, public playground, public beach
or bathing beach, or the municipal building.
C.
Measurements shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where a sexually
oriented business is conducted to the nearest property line of the
premises of a place of worship, a school, a boundary of a residential
district, a public park or playground, a lot devoted to residential
use or a school bus stop.
D.
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the establishment of the sexually oriented business, of a place of
worship, school, public area, residential district or residential
lot within 1,000 feet of the sexually oriented business.
E.
Sexually oriented businesses shall conform to design standards and
development requirements established through the ordinances of the
Borough.
F.
No person under the age of 18 years shall be permitted on the premises
of a sexually oriented business for any purpose.
G.
No display visible from the exterior of the sexually oriented business
shall contain material of a sexually oriented nature.
[Prior code § 3-17.4; amended by Ord. 99-16 § 1, 1999]
Every sexually oriented business located in the Borough shall
be surrounded by a perimeter buffer of at least 50 feet in width of
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.
[Prior code § 3-17.5; amended by Ord. 99-16 § 1, 1999]
A.
Any person violating any provision of this chapter, upon conviction,
is punishable by a fine not to exceed $1,000 or a term of imprisonment
not to exceed 90 days, or by community service of not more than 90
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the municipal court judge. In no
event shall any person violating this chapter, upon conviction, receive
a fine below the amount of $100.
