For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited or in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to an audience; and where the image is so displayed, distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. A commercial establishment having a substantial or significant portion of its stock in trade, including, but not limited to, books, magazines, periodicals, visual representations or writings, distinguished or characterized by emphasis on matter depicting, describing or related to specified anatomical areas or to specified sexual activities, or an establishment with a segment or section devoted to the sale or display of such materials. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas and still be characterized as ADULT BOOKSTORE. Such other business purposes will not serve to exempt such commercial establishment from being characterized as an ADULT BOOKSTORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict to describe specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Files, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmission, films, motion pictures, video cassettes, 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 for the public right-of-way which advertises the availability of this adult type of photographic productions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of the sleeping room to sublet the room for a period of time that is less than ten hours.
ADULT MOTION-PICTURE THEATER. A commercial establishment where, for any form of consideration, firms, motion pictures, video cassettes, slides or similar graphic reproductions are displayed which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. 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.
AUDIENCE. One or more persons who are permitted to view a performance for valuable consideration or in or from a public place.
DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting or in any other fashion displaying, in any location, whether public or private, material or a performance in such a manner that it may be readily seen and its contents or character distinguished by normal unaided vision viewing it from a public place or vehicle.
DISSEMINATE. To manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present materials; or to offer or agree to do the same; or to have in one’s possession with intent to do the same.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for any person, or who agrees or offers to privately model lingerie or to privately perform a strip tease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any socially oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; and
(4) The relocation or expansion of any sexually oriented business.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY. Uncovered or less than opaquely covered post pubital human genitals or pubic area; the post pubital human female breast below the point immediately above the top of the areola; or the covered human male genitals in a discernibly turgid state. For the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
PANDER. Advertising or propagandizing in connection with the sale of material, the offering of a service or the presentation or exhibition of a performance by appealing to the prurient interest of potential customers.
PERFORMANCE. Any live or reproduced exhibition, including, but not limited to, any play, motion-picture film, dance or appearance presented to or performed before an audience.
PORNOGRAPHIC. Relating to pornography.
PORNOGRAPHY. Any material or performance is “pornography” if all of the following elements are present:
(1) Considered as a whole by the average person applying the contemporary community standards of the township, it appeals to the prurient interest;
(2) It depicts, describes or represents, in a patently offensive way, sexual conduct, as hereinafter defined; and
(3) It lacks serious literary, artistic, political or scientific value.
PORNOGRAPHY FOR MINORS. Any material performance is “pornography for minors” if all of the following elements are present:
(1) Considered as a whole by the average person applying the contemporary community standards of the township with respect to what is suitable for minors, it is presented in such a way as to appeal to a minor’s prurient interest;
(2) It depicts, describes or represents, in a patently offensive way, nudity or sexual conduct as hereinafter defined; and
(3) It lacks serious literary, artistic, political or scientific value for minors.
PRURIENT INTEREST. Desire or craving for sexual stimulation or gratification. In determining PRURIENT INTEREST, the material or performance shall be judged with reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to prurient interests of a particular group of persons, including, but not limited to, homosexuals or sadomasochists. In that case, it shall be judged with reference to the particular group for which is was designed.
PUBLIC PLACE OR VEHICLE. Any of the streets, alleys, parks, boulevards, schools or other public property in the township, or any dance hall, rental hall, theater, amusement park, liquor establishment or depot, place of public accommodation or other private property generally frequented by the public for the purpose of education, recreation, amusement, entertainment, sport, shopping or travel; or any vehicle for public transportation, owned or operated by government, either directed or through a public corporation or authority, or owned or operated by any nongovernmental agency for the use, enjoyment or transportation of the general public.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing or bizarre costume; or the condition of such person being fettered, bound or otherwise physically restrained in an apparent act of sexual stimulation or gratification.
SEXUAL CONDUCT.
(1) Masturbation;
(2) Sexual intercourse, whether genital-genital, oral-genital, oral-anal or anal-genital;
(3) Any erotic fondling or touching of any parts of the covered or uncovered genitals, buttocks, pubic area or breasts of the female;
(4) Actual or simulated display or exhibition of human pubic area or genitals or any part thereof;
(5) Sexual excitement as hereinafter defined;
(6) Sadomasochistic abuse as hereinbefore defined; and
(7) The conduct described in divisions (1) through (3) above, is SEXUAL CONDUCT, whether or not it is engaged in alone or between members of the same sex or between members of the opposite sex or between humans and animals or between humans and inanimate objects.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.
SEXUAL EXCITEMENT. The facial expression, movements, utterances or other responses of a human male or female, whether alone or with others, whether clothed or not, who is in an apparent state of sexual stimulation or arousal, or experiences the physical or sensual reactions of humans engaging in or witnessing sexual conduct.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. Human genitals, pubic region; buttocks; or female breasts below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Human male genitals in a discernibly turgid state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(1987 Code, § 94-2) (Ord. 4-90, passed 7-3-1990)