The definitions set forth herein are adopted
from N.J.S.A. 2C:33-12.2. As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
An individual, proprietorship, partnership, corporation,
associations or other legal entity.
SEXUALLY ORIENTED BUSINESS
A.
A commercial establishment which as one of its
principal business purposes offers for sale, rental or display any
of the following: books, magazines, periodicals or other printed material,
or photographs, films, motion pictures, video cassettes, slides or
other visual representations which depict or describe a specified
sexual activity or specified anatomical area, or still or motion-picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and whether the images
so displayed are characterized by the depiction of a specified sexual
activity or specified anatomical area; or instruments, devices or
paraphernalia which are designed of use in connection with a specified
sexual activity; or
B.
A commercial establishment which regularly features
live performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity, or which regularly shows films,
motion pictures, video cassettes, slides or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
SPECIFIED ANATOMICAL AREA
A.
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
B.
Human male genitals in a discernibly turgid
state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling or other erotic touching of covered
or uncovered human genitals, pubic region, buttock or female breast;
or
B.
Any actual or simulated act of human masturbation,
sexual intercourse or deviate sexual intercourse.
This chapter shall be enforced by the Zoning
Officer, Code Official and/or any law enforcement officers of the
State of New Jersey.
[Amended 9-20-2000 by Ord. No. 2000-11; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this chapter, upon conviction, shall be subject to the penalty as provided in Chapter
1, Article
II, herein.