[HISTORY: Adopted by the City Council of the City of Passaic 3-16-1995
as Ord. No. 1324-95. Amendments noted where applicable.]
There are some businesses and trades which, because of their very nature,
are recognized as having serious objectionable characteristics. It has been
determined that strict control and regulation of these businesses and trades
is required to ensure their operation is maintained in compliance with the
law for the preservation of the public peace, health, safety, moral and general
welfare of the people of the City of Passaic and to prevent their contributing
to the blighting and downgrading of the surrounding neighborhood. The businesses
and trades subject to the strict control and regulations are as follows:
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment, from which minors are excluded, having as a substantial
or significant portion of its stock-in-trade books, magazines and other periodicals
which are distinguished or characterized by their emphases on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas (as defined below), or an establishment with a segment or section devoted
to the sale or display of such material.
An enclosed building with a capacity for fewer than 50 persons, from
which minors are excluded, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas (as defined below) for observation
by patrons therein.
An enclosed building with a capacity of 50 or more persons, from
which minors are excluded, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas (as defined below) for observation
by patrons therein.
The following restrictions and regulations shall apply to all uses regulated
herein:
A.
No regulated use may be located within 1,000 feet of
any other regulated use or within 1,000 feet of a church or other religious
institution or a public or private school. No regulated use may be located
within 1,000 feet of any residentially zoned area. All distances shall be
measured along a straight line from the nearest boundary line on the lot on
which the proposed regulated use is to be located to the nearest point on
a property boundary line on which is located any other regulated use, church
or other religious institution, public or private school or residential zone.
B.
No owner shall knowingly permit any person convicted
of a crime involving moral turpitude to be associated in the ownership or
management of the business or to be employed on the premises.
C.
No owner shall permit any minor under the age of 18 years
of age to be on the premises at any time.
All adult bookstores, adult motion-picture theaters and adult mini-motion-picture
theaters shall be subject to conditional use approval by the Planning Board.
For any and every violation of the provisions of this chapter, the owner,
general agent or contractor of a building or premises where such violation
has been committed or shall exist and the owner, general agent or contractor,
lessee or tenant of any part of a building or premises in which such violation
has been committed or shall exist and the general agent, architect, builder,
contractor or any other person who commits, takes part or assists in such
violation shall, of each and every day such violation continues, be subject
to imprisonment in the jail for a period not to exceed 90 days or to a fine
not exceeding $500, or both. Each day that the violation is permitted to exist
shall constitute a separate offense, and, in addition, the violator shall
pay all costs and expenses incurred by the city in determining such violation.
Penalties for such violation shall be collected and violations of this chapter
shall be prosecuted in the manner prescribed by law or ordinance effective
in the City of Passaic. Nothing in this chapter shall be construed as depriving
the City of Passaic or the City Council of any other available remedy.
