In the development and execution of this Part 4, it is recognized
that there are some uses which, because of their very nature, are
recognized as having serious objectionable operational characteristics,
particularly when several of them are concentrated under circumstances
having a deleterious effect upon the adjacent areas. Special regulation
of these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood.
As used in this article, the following terms shall have the
meanings indicated:
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.
An enclosed building or any part thereof or any area 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.
An enclosed building or any part thereof or any area used
for presenting a live show, demonstration or activity distinguished
or characterized by an emphasis on matters revealing or relating to
specified anatomical areas, sexual conduct or specified sexual activities
for observation by patrons therein.
An establishment which has as a portion of its stock-in-trade,
any type of syringe, needle, eye dropper, spoon, pipe, testing kit,
rolling paper or other paraphernalia or appliances designed for or
ordinarily used in smoking, testing, weighing, measuring, injecting,
cooking or sniffing marijuana, cocaine, opium, hashish or other controlled
dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
A film or films, continuous slides or pictures of any nature
in which any person is shown, depicted or revealed in any act of sexual
or sadomasochistic activity.
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.
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, whether all the activities
or conduct described above are real or simulated.
Adult bookstores, adult motion-picture theaters, adult theaters,
poolrooms, billiard parlors, coin-operated amusement centers and drug
paraphernalia stores are hereby deemed to be regulated uses.
Regulated uses may be located within an industrial-zoned area as long as they do not violate § 162-200.
A.
Any person, firm or corporation or other party violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in § 162-210.
B.
Each and every violation and nonconformance of this article or each
day that any provisions of this article shall have been violated shall
be construed as a separate and distinct violation thereof.
