[Added 1-25-1993 by Ord. No. 3-93]
A.Â
Statutory authorization. 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 of Jackson, in order to better promote the public
health, safety and general welfare of its citizens, does ordain as
follows.
B.Â
Findings of fact.
(1)Â
Pursuant to N.J.S.A. 2C:34-2b, 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 of Jackson 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 of Jackson 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 of Jackson has determined that sexually oriented
businesses have a deleterious effect on both the existing businesses
adjacent to such establishments as well as the surrounding residential
areas; cause increased crime, especially prostitution; adversely affect
property value; create an atmosphere which is inimical to the values
of a significant segment of the Township's population; encourage residents
and businesses to move elsewhere; and that such sexually oriented
businesses, when located in close proximity to each other, contribute
to urban blight and downgrade the quality of life in the adjacent
areas.
C.Â
Purpose 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 of Jackson.
The Township Committee of the Township of Jackson 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 the same, are 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 shall have the
meanings indicated:
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 specific
sexual activities or specified anatomical areas; 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.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or 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 P.L. 1978,
c. 95, as amended by Section 1 of P.L. 1982, c. 211 (effective December
23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to
time amended or supplemented, as well as in accordance with and not
more strictly than judicial interpretations thereof pursuant to the
Constitution 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.
Any of the following:
A.Â
It shall be a violation of this article if a person operates or causes
to be operated or allows to be operated a sexually oriented business:
(1)Â
Within one 1,500 feet of a place of worship.
(2)Â
Within 1,500 feet of a school, whether public or private, or
within 1,500 feet of any school bus stop.
(3)Â
Within 1,500 feet of a boundary of a growth area, village or
rural development district.
(4)Â
Within 1,500 feet of any other sexually oriented business.
(5)Â
Within 1,500 feet of any residential use.
(6)Â
Within 1,500 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 park 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 1,500 feet of the sexually oriented business.
D.Â
Sexually oriented businesses shall conform to design standards and
development requirements established through the ordinances of the
Township of Jackson.
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 this article, 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 this article is a separate offense under this article.
