A.Â
It is the responsibility of the local government to adopt regulations
designed to promote the public health, safety and general welfare.
Such power has been delegated to the municipalities from the legislature
of the State of New Jersey. The Township Committee of the Township,
in order to better promote the public health, safety and general welfare
of its citizens, ordains as follows:
(1)Â
Findings of fact. Pursuant to N.J.S.A. 2C:34-2(b), the legislature
of the State of New Jersey has determined that it is a fourth-degree
crime to sell, distribute, rent or exhibit material which is obscene.
Consequently, the State of New Jersey has preempted the Township from
prohibiting the sale of material which the Township believes to be
obscene. However, in order to promote the public health, safety and
general welfare of its citizens, the Township may promulgate reasonable
time, place and manner regulations with respect to the sale, distribution,
rental or exhibition of various items by sexually oriented businesses.
(2)Â
The Township has determined that sexually oriented businesses have
a deleterious effect on both the existing businesses access to such
establishments well the surrounding residential areas; cause increased
crime, especially prostitution; adversely affect property value, create
an atmosphere which is to the values of a significant segment of the
Township's population; encourage residents and businesses to move
elsewhere and that sexually oriented businesses, when located in close
proximity to each other, contribute to urban blight and downgrade
the quality of life in the adjacent area.
(3)Â
Findings of studies and surveys.
(a)Â
The City of Amarillo, Texas, prepared a study entitled "A Report
on Zoning and Other Methods of Regulating Adult Entertainment Uses
in Amarillo" which concluded that adult entertainment businesses are
distinguishable from other types to businesses in that they have a
negative impact on surrounding land uses. This study established a
relationship between high crime rates and proximity to adult businesses.
The study further found that the late operating hours of most adult
businesses created special problems to surrounding neighborhoods in
the form of noise, glare and traffic.
(b)Â
The municipality of Beaumont, Texas, prepared a planning department
study with respect to one neighborhood of that municipality which
investigated the effect of adult businesses on economic decline and
crime. That municipality concluded that the concentration of adult
businesses drove away neighborhood commercial stores and contributed
to an increase in crime, such as prostitution, drug use and muggings.
(4)Â
The City of Indianapolis, Indiana, prepared a report in February
1984. This study concluded that sex-related crime rates were 77% higher
in areas containing adult businesses as opposed to areas which did
not. The study further surveyed real estate appraisers not only from
the City of Indianapolis, but also from across the nation, which concluded
that 78% to 80% of those surveyed felt that residential property values
would decrease if located within a block of an adult business. Finally,
it was concluded that even relatively passive adult entertainment
businesses such as adult bookstores have serious negative effects
on their immediate environment.
(5)Â
The Department of City Planning for the City of Los Angeles, California,
has surveyed real estate appraisers to assess the impact of adult-oriented
businesses on property values. Over 90% of the appraisers surveyed
felt that the concentration of adult businesses would decrease the
market value of private residences located within 1,000 feet of the
adult business. Eighty-seven percent indicated that the concentration
of adult businesses would decrease the market value of business property
located in the vicinity of such establishments.
(6)Â
The Department of Regional Planning for the County of Los Angeles,
California, has surveyed law enforcement officers and concluded that
areas with a concentration of adult businesses have a higher incidence
of public intoxication, theft, assault, disturbing the peace and sex-related
vice.
(7)Â
The City of Phoenix, Arizona, has concluded through three separate
studies that in areas containing adult businesses, crimes were 43%
higher, violent crimes were 4% higher, and sex-related crimes were
over 500% higher.
B.Â
Purposes and objectives. It is the purpose of this article to regulate
sexually oriented businesses, to minimize and control the adverse
effects recognized in the preceding section and to promote the public
health, safety and general welfare of the citizens of the Township.
The Township Committee of the Township finds that the secondary effects
of adult entertainment establishments, as established through the
reports and studies of other cities and municipalities with the appropriate
resources to conduct same is deleterious and inimical to health, safety
and general welfare of the residents of the municipality. It is not
the purpose of this article to restrict or deny access by adults to
sexually oriented materials protected by the First Amendment, nor
will this article have the effect of restricting or denying such access.
As used in this article, the following terms are defined as
follows:
Any place to which the public is permitted or invited, wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or image-producing devices are maintained
to show images to one person per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas.
A commercial establishment which as one of its principal
business purposes offers for sale or for rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, videocassettes or video reproductions,
slides or other visual representations which depict or describe specified
sexual activities or specified anatomical areas, as defined in this
section; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
and which:
Provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, and
has a sign visible from a public right-of-way which advertises the
availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas. Adult motion-picture theaters shall meet the seating criteria
established for adult theaters.
Theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity in
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities. Seating shall
be provided in a design consistent with traditional movie theaters.
All sitting areas shall be visible and unobstructed.
The exhibition to the senses of another person for valuable
consideration whether the valuable consideration is paid by the recipient
of the exhibition or by another, and whether the exhibition occurs
at the exhibitor's place of business or elsewhere.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
The definition of obscene materials set forth in c.95, L.
1978, as amended by c.211, Section 1, L. 1982 (effective December
23, 1982, as N.J.S.A. 2C:34-2), as from time to time amended or supplemented,
as well as in accordance with and not more strictly than judicial
interpretations thereof pursuant to the constitutions of the United
States and of the State of New Jersey finally concluded in courts
of jurisdiction sufficient to render decisions on constitutional questions
of general application.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater or adult theater.
And includes any of the following:
A.Â
It is a violation of this article if a person operates, causes to
be operated or allows to be operated a sexually oriented business:
(1)Â
Within 1,000 feet of a place of worship;
(2)Â
Within 1,000 feet of any school, whether public or private, or within
1,000 feet of any school bus stop;
(3)Â
Within 1,000 feet of a boundary of a growth area, village or rural
development district;
(4)Â
Within 1,000 feet of any other sexually oriented business;
(5)Â
Within 1,000 feet of any residential use;
(6)Â
Within 1,000 feet of any public park or playground.
B.Â
Measurement shall be made in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building or
structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises
of a place of worship, a school, a boundary of a residential district,
a public pack or playground, a lot devoted to residential use or a
school bus stop.
C.Â
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the establishment of the sexually oriented business of a place of
worship, school, public area, residential district or residential
lot within 1,000 feet of the sexually oriented business.
D.Â
Sexually oriented businesses shall conform with design standards
and development requirements established through the ordinances of
the Township.
A.Â
Any person violating any provision of this article, upon conviction,
is punishable by a fine not to exceed $1,000 or a term of imprisonment
not to exceed 90 days, or both. In no event shall any person violating
this article, upon conviction, receive a fine below the amount of
$100.
B.Â
Each day a sexually oriented business is in operation, in violation
of any part of this article, each day shall constitute a separate
offense under this article.
C.Â
Each separate film, videocassette or other visual reproduction or
each showing of live entertainment which is displayed to another in
violation of any part of this article is a separate offense under
this article.
