[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:
The following are specifically prohibited within the confines of the Borough of Woodbury Heights, except in those specific locations referred to above.
Any moving picture, commonly referred to as a "motion picture," with an X rating.
Adult bookstores as defined in this chapter.
It is hereby found, determined and declared as follows:
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.
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.