Creation. It is recognized that some uses of property, which, due to their nature, have a deleterious effect upon the use and enjoyment of adjacent properties and areas as well as upon minors who frequent such areas and, accordingly, must be limited in terms of location within a specific zone in the Borough.

It is further recognized that specific regulations of the uses of property are required so as to ensure against blighting and/or downgrading the surrounding neighborhood and properties. Further, it is recognized that such uses, despite their offensive nature, are protected by virtue of the New Jersey and United States Constitutions. It is the purpose and intent of this section to limit such uses within the Borough to a specified zone, all within the confines of the federal and state constitution.

This zone shall be located within the districts east of the railroad tracks located in the Borough and west of Washington Avenue, except Paterson Plank Road, Washington Avenue and Moonachie Avenue.

Uses Regulated. No establishment, except those located within the zone set forth in subsection 21-17.1, above, shall engage in, allow or permit any person, including those persons employed, contracted or required by such establishment, to perform any dancing or entertainment in or on any portion of its premises and shall not permit the use of the premises, or any portion thereof, for adult type uses, including an adult only bookstore, adult only motion picture theater, massage parlor, rap parlor, tattoo parlor, fortune telling establishment, sauna, go-go bar or juice bar and any establishment having paid dancers, entertainment or employees who are scantily clad, with breasts or lower part of the torso uncovered or so thinly or so sparsely covered or draped so as to appear uncovered.

Such uses shall only permitted in this zone to the extent that they are permitted by federal, state, county and local applicable laws. Nothing in this section shall permit the sale, rental, exhibition, use or operation of any obscene materials, obscene films or obscene product.

Definitions. For the purposes of this section, the following words and/or phrases shall have the meaning hereafter ascribed to them.

Existing Uses. Any nonconforming use presently in existence shall be permitted to remain for the purpose for which it is operating, provided it does not violate state or federal obscenity laws.

Violations and Penalties. For any and every violation of the provisions of this section, the owner, general agent or contractor of the building or premises where such violation has been committed, or shall exist, and the owner, agent or contractor, lessee or tenant of any part of a building or premises which such violation has been committed, or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation, for each and every day such violation continues, shall be subject to a fine of $500 for each violation or to imprisonment in jail for a period not to exceed 90 days, or both. Each day that the violation is permitted to exist shall constitute a separate offense, and, in addition, the violators shall pay all costs and expense incurred by the Borough in determining such violation. Penalties for such violation shall be collected and violations of this section shall be prosecuted in the manner prescribed by law or ordinance. Nothing in this section shall be construed as depriving the Borough or the Borough Council of any other available remedy.