[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Editor's Note: This ordinance superseded former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:
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.
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.
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.
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
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;
Lacks serious literary, artistic, political
or scientific value, when taken as a whole; and
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.
OBSCENE FILMAny 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:
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]
ADULT ARCADEAny 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.
ADULT BOOK or ADULT VIDEO SALE, RENTAL, OR DISPLAYSale, rental or display of any of the following:
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.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities,
as those are herein defined.
ADULT CABARETPerformance 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; or
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.
ADULT MOTELThe operation of a hotel, motel or similar establishment which offers accommodations to the public which:
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
Offers a bedroom for rent for a period of time
that is less than 10 hours; or
Allows a tenant or occupant of a bedroom to
subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE DISPLAYThe 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.
ADULT THEATERThe 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.
DISPLAYThe exhibition to the senses of another person.
NUDITY or A STATE OF NUDITYThe appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
OBSCENE MATERIALSThe 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.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
[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 law.
