Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 12-27-1977 by Ord. No. 77-34; amended in its entirety 5-14-1997 by Ord. No. 97-7. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Sexual harassment — See Ch. 46.
Entertainment and amusement places — See Ch. 87.
Zoning — See Ch. 197.

§ 138-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EXHIBIT
The same meaning as defined in N.J.S.A. 2C:34-2a(2).
OBSCENE MATERIAL
The same meaning as defined in N.J.S.A. 2C:34-2a(1).
PERSON
Includes an individual, proprietorship, partnership, corporation, association or other legal entity.

§ 138-2 Prohibition.

[Amended 1-28-1998 by Ord. No. 98-1]
The sale, distribution, rental or exhibition of obscene materials anywhere within the Borough of Kenilworth is hereby prohibited.

§ 138-3 Sexually oriented businesses.

[Added 1-28-1998 by Ord. No. 98-1[1]]
A. 
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business; or any church, synagogue, temple or other place of public worship; or any elementary or secondary school or any school bus stop; or any municipal or county playground or place of public resort and recreation; or within 1,000 feet of any area zoned for residential use. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 1,000 feet.
B. 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. The municipality may, by ordinance, require the perimeter buffer to meet additional requirements or standards. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section.
C. 
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises is off limits to minors. The identification sign shall conform in all respects with the requirements of § 197-56 of this Code.
[1]
Editor's Note: This ordinance also redesignated former § 138-3, Violations and penalties, as § 138-4.

§ 138-4 Violations and penalties.

In addition to any other penalties provided by law, any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000, or both, in the discretion of the court.

§ 138-5 Remedies.

[Added 1-28-1998 by Ord. No. 98-1]
The remedy provisions of this chapter shall not be exclusive, and the state shall have the right to prosecute a violator under any other ordinance or statute available.

§ 138-6 Severability.

[Added 1-28-1998 by Ord. No. 98-1]
If any section or portion of any section of this chapter shall be held to be invalid for any reason, such invalidity shall not affect the validity of the remaining sections or portions of sections of this chapter.