Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Township of Saddle Brook, NJ
Bergen 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 Township Council of the Township of Saddle Brook as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-1-1996 by Ord. No. 1100[1]]
[1]:
Editor's Note: This ordinance superseded former Art. I, Certain Establishments Prohibited, adopted 5-14-1981 by Ord. No. 830.
Within all districts throughout the Township of Saddle Brook, the following activities, businesses and enterprises are hereby prohibited: rehabilitation centers, drug clinics, drug distribution centers, halfway houses, X-rated movie theaters, peep shows, adult bookstores and/or adult video stores, exhibits and massage parlors.
The Township of Saddle Brook recognizes that adult use businesses have characteristics that are inconsistent with the community and residential character of Saddle Brook. The Township further recognizes that such uses may result in the blighting and deterioration in the Township. Such activities may be detrimental to the health, welfare and well-being of the residents of the Township of Saddle Brook. The Township of Saddle Brook is 2.6 miles square, densely populated and within the boundaries of this municipality, there is no suitable location which would not conflict with a house of worship, community center, funeral home, school, school bus stop, day-care center, hospital, nursing home, senior citizen residence, senior citizen center, counseling or treatment facility or public park, playground, playing field, ball field or youth center. Any activity as described in this article, is strictly prohibited.
As used in this article, the following terms shall have the meanings indicated:
ADULT BOOKSTORE and/or ADULT VIDEO STORES
A person, establishment or business, whether retail or wholesale, trading recordings, books, magazines, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing on or off the premises which are distinguished or characterized by emphasis on matter depicting, describing or relating to sexual activities.
ADULT ENTERTAINMENT USE
A business establishment devoted to adult uses including adult bookstore, adult video store, adult motion-picture theater, adult entertainment cabaret, peep show and massage parlor.
COMMERCIAL ESTABLISHMENT
A public or private establishment, including a nightclub, bar restaurant, club, go-go club or bar or other commercial establishment which permits or presents exhibition of sexual nature.
EXHIBIT
The sale of the admission to view obscene material.
A. 
Any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity, or
(1) 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals;
(2) 
Lacks serious literary, artistic, political or scientific value, when taken as a whole; and
(3) 
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
B. 
 — Any motion-picture film or preview or trailer to a film, not including newsreels portraying actual current events or pictorial news of the day, in which a scene, taken by itself:
(1) 
Depicts a specified anatomical area or specified sexual activity, or the simulation of a specified sexual activity, or verbalization concerning a specified sexual activity; and
(2) 
Emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest.
C. 
SPECIFIED ANATOMICAL AREA:
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if covered.
D. 
SPECIFIED SEXUAL ACTIVITY:
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or
(3) 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
E. 
KNOWINGLY:
(1) 
Having knowledge of the character and content of the material or film described herein; or
(2) 
Having failed to exercise reasonable inspection which would disclose its character and content.
SEXUALLY ORIENTED ADULT ENTERTAINMENT
For the purposes of any prohibition against sexually oriented adult entertainment and/or establishments or limitation upon the same as are contained in this article, sexually oriented adult entertainment shall mean the conduct of or the operation of any premises so as to provide any of the following as hereinafter further defined:
[Added 12-27-2001 by Ord. No. 1247]
A. 
 — Any place to which the public is permitted or invited wherein electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as those are herein defined.
B. 
 — Sale, rental or display of any of the following:
(1) 
Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas, as those are herein defined.
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, as those are herein defined.
C. 
 — Performance which regularly features:
(1) 
Persons who appear in a state of nudity; or
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, as those are herein defined; or
(3) 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as those are herein defined.
D. 
 — The operation of a hotel, motel or similar establishment which offers accommodations to the public which:
(1) 
Provides patrons with closed circuit television transmission, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as those are herein defined, and has a sign visible from a public right-of-way which advertises the availability of this adult-type of photographic reproductions; or
(2) 
Offers a bedroom for rent for a period of time that is less than 10 hours; or
(3) 
Allows a tenant or occupant of a bedroom to subrent the room for a period of time that is less than 10 hours.
E. 
 — The display of any film, motion picture, videocassette, slide or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas, as those are herein defined.
F. 
 — The operation of a theater, concert hall, auditorium or similar 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, as those are herein defined.
G. 
 — The exhibition to the senses of another person.
H. 
 — The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
I. 
 — The definition of obscene materials set forth in N.J.S.A. 2C:34-2, as the same shall be from time to time amended or supplemented, as well as in accordance with or 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.
J. 
SPECIFIED ANATOMICAL AREAS:
(1) 
Less than completely or opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and/or opaquely covered.
K. 
 — Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) 
Masturbation, actual or simulated.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections K(1) through (3).
[Added 12-27-2001 by Ord. No. 1247]
There is hereby prohibited in all zones (except as otherwise expressly permitted in the A-B Adult Business Overlay Zone) the conduct of or the operation of any portion of any premises so as to provide sexually oriented adult entertainment or establishment as the same is defined in § 147-3 of this article.
A violation of this article shall be subject to a fine, upon conviction, of not less than $100 nor more than $1,000 for each violation and imprisonment in the county jail not to exceed 90 days, or both, as determined by a court of competent jurisdiction. Each day that a violation exists or continues shall constitute a separate offense for which the above fine and penalty may be imposed. The remedies provided herein shall be in addition to any other remedies as provided by law in a civil proceeding.
All ordinances or parts of ordinances which are inconsistent with this ordinance are hereby repealed.
This ordinance shall take effect upon publication and final passage as provided by leave.