[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.
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.
B.
ADULT BOOKSTORES
ADULT ENTERTAINMENT CENTERS
ADULT NOVELTY STORES
ADULT THEATERS
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL GRATIFICATION
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
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.
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.
Any act or observation which will satisfy, arouse, stimulate
or benefit the sexual desires of the actor or any observer.
Human genitals in a discernibly turgid state even if covered.
