§ 5.12.010. Statutory authorization—Findings of fact—Purposes and objectives.

A.

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 mayor and council of the borough, in order to better promote the public health, safety and general welfare of its citizens, do ordain as follows:

B.

Findings of Fact.

1.

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 borough from prohibiting the sale of material which the borough believes to be obscene. However, in order to promote the public health, safety and general welfare of its citizens, the borough 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.

The borough 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 borough's population; and 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. Council is particularly persuaded and impressed by studies conducted in Minneapolis, St. Paul, Indianapolis, Phoenix, Amarillo and Los Angeles.

C.

Purposes and Objectives. It is the purpose of this chapter to regulate sexually oriented businesses so as 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 borough. The mayor and council of the borough find that the secondary effects of adult entertainment establishments, as established through reports and studies of other cities and municipalities with the appropriate resources to conduct such studies, is inimical to health, safety and general welfare of the residents of the municipality. It is not the purpose of this chapter to restrict or deny access by adults to sexually oriented material protected by the First Amendment nor will this chapter have the effect of restricting or denying such access.

(Ord. 99-16 § 1 (part), 1999; prior code § 3-17.1)