Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Middletown 6-13-1977 by Ord. No. 707, approved 6-13-1977. Sections 93-1 and 93-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES

Zoning — See Ch. 260.

§ 93-1
Location restricted. 

§ 93-2
Definitions. 

§ 93-3
Approval of applications to locate in restricted areas. 

§ 93-4
Violations and penalties. 

§ 93-1 Location restricted.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

It shall be unlawful to establish or maintain any adult bookstore within 500 feet of any area zoned for residential use, such as the R-1, R-2 or R-3 Districts.

§ 93-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULT BOOKSTORE
An establishment having a substantial or significant portion of its stock-in-trade, including but not limited to books, magazines, periodicals, visual representations or writings, distinguished or characterized by emphasis on matter depicting, describing or related to specified anatomical areas or to specified sexual activities or an establishment with a segment or section devoted to the sale or display of such material.
A. 

Human genitals, pubic region.

B. 

Buttocks.

C. 

Female breasts below a point immediately above the top of the areola.

A. 

Human male genitals in a discernibly turgid state of sexual stimulation or arousal.

B. 

Acts of human masturbation, sexual intercourse or sodomy.

C. 

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

§ 93-3 Approval of applications to locate in restricted areas.

Well aware of the deleterious effects as well as economic blight to which adult bookstores give rise and finding a compelling public interest in the preservation of residential neighborhoods, the Borough Council nevertheless delegates to its Community Development Committee authority to approve an application to locate an adult bookstore within 500 feet of any area zoned for residential use if the applicant presents satisfactory evidence from which said Committee finds as a fact that:

A. 

The public health, safety and general welfare will not be adversely affected.

B. 

Property located within the distance sought to be permitted will not be injuriously affected as to continuing long-term residential occupancy, as to value or otherwise.

C. 

Deterioration of the surrounding neighborhood will not be contributed to, encouraged or enlarged.

D. 

That such location will be in harmony both with constitutional requirements, if any, the applicability of which the applicant has demonstrated, and with the spirit and purpose of this chapter.

§ 93-4 Violations and penalties.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-1988 by Ord. No. 972, approved 7-11-1988]

When written notice has been served by the Mayor, acting through a Borough policeman, of a violation of this chapter upon the person in charge of such adult bookstore and/or upon the owner, lessee or occupant of the premises or agent thereof, such violation shall be discontinued immediately. Any owner, lessee or occupant of such adult bookstore in which such violation exists and any person who knowingly commits, participates in or permits any such violation shall, upon conviction before the District Justice in a summary proceeding, be sentenced to pay a fine not exceeding $1,000 for each such violation and also the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Dauphin County for a period not exceeding 30 days. Each day after notice that a violation continues shall constitute a separate violation hereof, punishable as such.