[HISTORY: Adopted by the Borough Council of the Borough of
Spotswood 7-10-2000 by Ord. No. 2000-12. Amendments noted where applicable.]
For the purposes of this chapter, unless the context clearly
indicates a different meaning, the following terms shall have the
meanings indicated:
The showing of the human male or female genital, pubic area
or buttocks with less than a fully opaque covering; the showing of
the female breast with less than a fully opaque covering of any part
of the nipple; the exposure of any device, costume, or covering which
gives the appearance of or simulates the genitals, pubic hair, natal
cleft, perineum anal region or pubic hair region; or the exposure
of any device worn as a cover over the nipples and/or areola of the
female breast, which device simulates and gives the realistic appearance
of nipples and/or areola.
A person who knowingly or intentionally, in a public place:
Includes all outdoor places owned by or open to the general
public, and all buildings and enclosed places owned by or open to
the general public, including places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members, restricted to adults or to patrons invited
to attend, whether or not an admission charge is levied.
The prohibition set forth in § 114-1, the definition of "public indecency," Subsection C, shall not apply to:
In addition to the specific penalties provided in this chapter,
it is hereby declared that any building, portion of a building, or
enclosed place regularly used for the prohibited display of public
nudity is a public nuisance, subjecting the owner, proprietor or other
operator thereof to any and all actions authorized by the State of
New Jersey and/or the revised general ordinances of the Borough of
Spotswood for the abatement of public nuisances.
[Amended 2-6-2006 by Ord. No. 2006-02]
Whoever violates this chapter, either by commission of a public
indecency, or by the promotion or maintenance of public indecency
as property owner, proprietor or manager of a business, shall be guilty
of a summary offense, and, upon conviction, shall be punished by one
or more of the following: a fine of not more than $2,000, imprisonment
for not more than 90 days or a period of community service not exceeding
90 days. Each day such violation continues shall be a separate offense.
It is the intention of the Borough of Spotswood that the provisions
of this chapter be construed, enforced and interpreted in such a manner
as will cause the least possible infringement of the Constitutional
rights of free speech, free expression, due process, equal protection
or other fundamental rights consistent with the purposes of this chapter.
Should a court of competent jurisdiction determine that any part of
this chapter, or any application or enforcement of it is excessively
restrictive of such rights or liberties and therefore invalid such
adjudication shall apply only to the section, paragraph, subdivision,
clause, or provision so adjudged and the remainder of the chapter
shall be deemed valid and effective.
