[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 1-14-1985 as Ord. No. 1274. Amendments noted where
applicable.]
A.
The purpose of this chapter is to control and regulate
the distribution, sale, circulation and exposure of magazines, pictures, drawings,
photographs or videotapes and other publications devoted to the presentation
and exploration of sexual acts, normal or perverted, lust, passion, depravity,
nudity, immorality and the distribution and sale of devices, implements and
other materials designed to sexually stimulate.
B.
It is further declared that the operation of any establishment,
public or private, as a massage parlor, bath parlor or any similar type of
business where any physical contact with the recipient of such service is
provided by a person of the opposite sex is a matter of public concern, and
the provisions hereinafter described are enacted and their necessity in the
public interest is hereby declared as a matter of legislative determination.
As used in this chapter, the following terms shall have the meanings
indicated:
Any business or business operation which sells, distributes or otherwise
conveys any obscene materials described in the definition of "obscene" herein.
That which to the average person, applying contemporary community
standards, when considered as a whole, has as its dominant theme or purpose
an appeal to the prurient interest. Any magazine, picture, drawing, photograph,
videotape or other publication and any mechanical or electronic gadget, implement
or device designed to sexually stimulate shall be "obscene" within the meaning
of this chapter if it is established that:
The dominant theme of the material taken as a whole appeals to the prurient
interest;
The material is patently offensive because it affronts contemporary
community standards relating to the description or representative of sexual
matters; and
The material is utterly without redeeming social value, or the work
taken as a whole lacks serious artistic, literary, political or scientific
value.
Any individual, firm, corporation, partnership or any other type
or form of business which may be conducted in this state.
A.
It shall be unlawful for any person as defined herein
to:
(1)
Operate any establishment, regardless of whether it is
a public or private facility, as a massage parlor, bath parlor or any similar
type of business where any physical contact with the recipient of such service
is provided hereby resulting in sexual conduct.
(2)
Use or occupy any building, structure or premises as
an adult bookstore as herein defined.
B.
It shall not be a violation of this chapter to sell magazines
or videotape that may fall within the prohibitions of this chapter, provided
that they are not openly exposed to public view and are only displayed or
sold, upon request, to persons over the age of eighteen (18) years.
A.
Any person as defined above who shall violate any of the prohibitions of § 112-3 shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500.) or be imprisoned for a term not to exceed ninety (90) days, or both, for each and every offense.
B.
A violation of § 112-3A shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.
C.
Every day that the provisions of this chapter are violated
by any person as defined herein shall be a separate and distinct violation
of this chapter.
