Borough of Haledon, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Haledon 3-11-1981 by Ord. No. 2-11-81; amended in its entirety 12-13-1995 by Ord. No. 11-8-95 (Ch. 58 of the 1984 Code). Subsequent amendments noted where applicable.]
It shall be unlawful for any person, corporation or association of persons of any kind to permit or employ a person in any place open to the public or to which the public is invited, within the limits of the Borough of Haledon to perform the following:
A. 
Topless or bottomless exhibitions or dancing by a female person or persons.
B. 
Bottomless exhibitions or dancing by male persons.
Certain types of establishments shall be prohibited in the Borough of Haledon as follows:
A. 
Adult bookstores.
B. 
Adult motion-picture theaters.
C. 
Adult entertainment cabarets.
D. 
Peep shows.
E. 
Massage parlors.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
A person, establishment or business, whether retail or wholesale, having more than 25% of its stock-in-trade, recordings, books, magazines, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing on or off the premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as hereinafter defined.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure, or portion thereof, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as hereinafter defined, for observation by patrons.
ADULT ENTERTAINMENT CABARET
A public or private establishment, including but not limited to a nightclub, bar, restaurant, club or other commercial establishment, which permits, presents, suffers or allows any of the following:
A. 
Persons who appear in a state of nudity for entertainment.
B. 
Live performances which are characterized by the exposure of specific sexual activities, including:
(1) 
SPECIFIC ANATOMICAL AREAS:
(a) 
Human genitals, pubic region.
(b) 
Buttocks.
(c) 
Female breasts below a point immediately above the areola.
(2) 
SPECIFIC SEXUAL ACTIVITIES:
(a) 
Human genitals in a state of sexual stimulation or arousal.
(b) 
Acts of human sexual intercourse.
(c) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(d) 
Actual or simulated sexual acts.
BOTTOMLESS
Having the genital area beneath the waist unclothed or clothed by a transparent material.
EXHIBIT or EXHIBITION
To show oneself in any capacity whether while employed in the performance of work or entertainment or whether simply at leisure or otherwise.
FEMALE EXHIBITION
Any female exhibiting herself, topless or bottomless, within the limits of the Borough of Haledon in any public place or any place open to the public or to which the public is invited or required to pay admission or a membership fee.
MALE EXHIBITION
Any male person exhibiting himself bottomless within the limits of the Borough of Haledon in any public place or any place open to the public or to which the public is invited or required to pay admission or a membership fee.
MASSAGE PARLOR
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered by an individual who is not a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
OBSCENE MATERIALS
As defined by N.J.S.A. 2C:34-2.
PEEP SHOWS
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged, depicting, describing or relating to specific sexual activities or specific anatomical areas for observation by patrons.
TOPLESS
Having the breasts unclothed or clothed by a transparent material.
It shall be unlawful for any person, corporation or association of persons of any kind to permit or employ a person in any place open to the public or to which the public is invited within the limits of the Borough of Haledon to perform or permit any activity contained herein.
Written posted notice warning of the offensive nature of the dancing or exhibitions shall not constitute a defense to any charge made pursuant to this chapter.
A person, corporation or association of persons convicted of violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not more than $500 or imprisonment in the county jail for not more than 90 days, or both.