[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]
Editor's Note: This ordinance superseded former Art.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.
- 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.
- 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]
- (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.
- (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.
- (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.
- (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.