This chapter shall be known as the "Jefferson
Borough Adult Bookstore Ordinance."
As used in this chapter, certain terms are defined
as follows:
ADULT BOOKSTORE
An establishment having any portion of its stock-in-trade,
including but not limited to books, magazines, periodicals, pictures,
photographs, drawings, prints, images, sculpture, still film, motion
picture film, videotape, or other visual representations or writings
distinguished or characterized by emphasis on matter depicting, describing
or relating to specific anatomical areas or to specific sexual activities
or to sexual devices, or an establishment with a segment or section
devoted to the sale, rent, lease, loan, view upon premises, or display
of such material.
ADULT THEATER
An establishment or a building or a room within a building
or a portion of a building or a room within a building used for presenting
motion picture film, videotape, or any similar visual representation
of matters distinguished or characterized by an emphasis on specific
anatomical areas, specific sexual activities, or sexual devices.
MASSAGE PARLOR
An establishment having a source of income or compensation
derived from the practice of massage, but shall exclude licensed hospitals,
licensed nursing homes, medical offices, clinical offices, or other
offices and quarters of licensed health professional practitioners.
SEXUAL DEVICE
An artificial human penis, vagina or anus, or other device
primarily designed or promoted or marketed to physically stimulate
or manipulate the human genitals, pubic area, perineum or anal area,
including dildos, penisators, vibrators, vibrillators, penis rings
and erection enlargement or prolonging creams, jellies or other such
chemicals or preparations.
SPECIFIC ANATOMICAL AREAS
B.
Female breasts below a point immediately above
the top of the areola; or
C.
Penis, vagina, anus, genitals, pubic area, perineum
or anal area.
SPECIFIC SEXUAL ACTIVITIES
A.
Human male genitals in a discernibly turgid
state of sexual stimulation or arousal;
B.
Sexual acts, normal or perverted, actual or
simulated, involving a person or persons, or a person or persons and
an animal, including acts of masturbation, sexual intercourse, fellatio,
cunnilingus, analingus or physical contact with a person's nude or
partially denuded genitals, pubic area, perineum, anal region, or,
if such person be female, a breast; or
C.
Fondling or other erotic touching of specified
anatomical areas.
It shall be unlawful to establish or maintain
an adult bookstore, adult theater or massage parlor within 500 feet
of any residential dwelling or property intended for or having any
residential use, nor within 1,000 feet of any church, school, library,
park, playground, day-care center, or any other adult bookstore, adult
theater or massage parlor.