Obscene materials — See Ch. 191.
§ 102-1Determination of necessity.
§ 102-2Further determinations.
§ 102-4Regulated uses named.
§ 102-5Restrictions on regulated uses.
§ 102-6Violations and penalties.
This chapter is determined necessary for the preservation of the public peace, health, safety, morals and the welfare of the people of the Township of Riverside.
It has been demonstrated that the establishment of adult businesses in business districts which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both business and residential segments of the neighborhood, causing blighting and downgrading of property values.
The prohibition against the establishment of more than two regulated uses within 3,000 feet of each other serves to avoid the clustering of certain businesses which, when located in close proximity to each other, tend to create a skid row atmosphere.
It is determined that such prohibition will avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of an adult bookstore, adult motion-picture theater, adult mini-motion-picture theater or in a business district which is immediately adjacent to and which serves residential neighborhoods.
Concern for and pride in the orderly planning and development of a neighborhood should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood.
As used in this chapter, the following terms shall have the meanings indicated:
- An adult, as used in this chapter, refers to any person or persons who have attained the age of 18 years old.
- ADULT BOOKSTORE
- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section of the premises devoted to the sale, rental or display of such material.
- ADULT MINI-MOTION-PICTURE THEATER
- An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
- ADULT MOTION-PICTURE THEATER
- An enclosed building used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
- MOTION PICTURE
- Film or films, continuous slides or pictures of any nature in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.
- SADOMASOCHISTIC ABUSE
- Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costumes or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
- SEXUAL CONDUCT
- Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
Adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters, coin-operated amusement centers and tattoo parlors are hereby deemed to be regulated uses.
No regulated use may be located within 3,000 feet of any other regulated use or within 3,000 feet of a residentially zoned area or a church or school.
Any person, firm or corporation or other party violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days. Each and every violation and nonconformance to this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.