[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 6-13-1977 by Ord. No.
707, approved 6-13-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
[Amended 4-6-1987 by Ord.
No. 943]
It shall be unlawful to establish or maintain any adult bookstore
within 500 feet of any area zoned for residential use, such as the
R-1, R-2 or R-3 Districts.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having a substantial or significant portion
of its stock-in-trade, including but not limited to books, magazines,
periodicals, visual representations or writings, distinguished or
characterized by emphasis on matter depicting, describing or related
to specified anatomical areas or to specified sexual activities or
an establishment with a segment or section devoted to the sale or
display of such material.
Well aware of the deleterious effects as well as economic blight
to which adult bookstores give rise and finding a compelling public
interest in the preservation of residential neighborhoods, the Borough
Council nevertheless delegates to its Community Development Committee
authority to approve an application to locate an adult bookstore within
500 feet of any area zoned for residential use if the applicant presents
satisfactory evidence from which said Committee finds as a fact that:
A.
The
public health, safety and general welfare will not be adversely affected.
B.
Property
located within the distance sought to be permitted will not be injuriously
affected as to continuing long-term residential occupancy, as to value
or otherwise.
C.
Deterioration
of the surrounding neighborhood will not be contributed to, encouraged
or enlarged.
D.
That
such location will be in harmony both with constitutional requirements,
if any, the applicability of which the applicant has demonstrated,
and with the spirit and purpose of this chapter.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 7-11-1988 by Ord. No.
972, approved 7-11-1988]
When written notice has been served by the Mayor, acting through
a Borough policeman, of a violation of this chapter upon the person
in charge of such adult bookstore and/or upon the owner, lessee or
occupant of the premises or agent thereof, such violation shall be
discontinued immediately. Any owner, lessee or occupant of such adult
bookstore in which such violation exists and any person who knowingly
commits, participates in or permits any such violation shall, upon
conviction before the District Justice in a summary proceeding, be
sentenced to pay a fine not exceeding $1,000 for each such violation
and also the costs of prosecution and, upon refusal to pay such fine
and costs, to be imprisoned in the jail of Dauphin County for a period
not exceeding 30 days. Each day after notice that a violation continues
shall constitute a separate violation hereof, punishable as such.
