Borough of Woodbury Heights, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights 2-18-87 as Ord. No. 1-87. Amendments noted where applicable.]
Adult bookstores, adult novelty stores, adult entertainment centers, adult theaters and any establishment which manufactures any items traditionally sold in these establishments are hereby prohibited from being established or operated within the Borough of Woodbury Heights, except in a location within the borough which meets the following criteria:
A. 
Any such establishment must be located in a commercial zone.
B. 
Any such establishment must be located at least 500 feet from any residence.
C. 
Any such establishment must be located at least 1,000 feet from any school, church or day-care center.
The following are specifically prohibited within the confines of the Borough of Woodbury Heights, except in those specific locations referred to above.
A. 
Any moving picture, commonly referred to as a "motion picture," with an X rating.
B. 
Adult bookstores as defined in this chapter.
C. 
Live sex shows which display or emphasize any of the following type or types of entertainment:
(1) 
Sadomasochistic abuse.
(2) 
Sexual conduct.
(3) 
Specific sex activity as defined in this chapter as "specified sexual activity."
(4) 
Human genitals in a discernibly turgid state.
(5) 
Peep shows.
A. 
It is hereby found, determined and declared as follows:
(1) 
The Borough of Woodbury Heights is a predominately residential community. It is therefore concluded that a special prohibition of adult bookstores, adult novelty stores, adult entertainment centers and adult theaters is necessary to ensure the maintenance of that residential character.
(2) 
The Borough of Woodbury Heights has an obligation to its citizenry to regulate uses which may:
(a) 
Injure or detract from the general health and welfare of the community as a whole.
(b) 
Injure or detract from the use of neighboring property.
(c) 
Detract from the character of the neighborhood.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORES
Any establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material and sexual apparatus and devices.
ADULT ENTERTAINMENT CENTERS
Any establishment which, for the purpose of entertainment or gratification of the patron, markets or has available for use that stock-in-trade traditionally associated with adult bookstores as defined above.
ADULT NOVELTY STORES
Any establishment having as a substantial or significant portion of its stock-in-trade, whether for sale or on display, those materials or apparatus and devices used or employed for sexual gratification.
ADULT THEATERS
Any enclosed structure, building or establishment used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct, specified anatomical areas or sadomasochistic abuse for the observation by patrons therein, whether or not a fee is charged to the patron for such presentation.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude, clad in undergarments or in revealing or bizarre costumes, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
SEXUAL GRATIFICATION
Any act or observation which will satisfy, arouse, stimulate or benefit the sexual desires of the actor or any observer.
SPECIFIED ANATOMICAL AREA
Human genitals in a discernibly turgid state even if covered.
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Any act of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.