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Pitman City Zoning Code

§ 35-36.2

Adult Book Stores and Adult Theaters.

[1967 Code § 15-19.2]
a. 
Findings. The Borough of Pitman is a highly church-oriented community with churches interspaced throughout the 2.2 square miles the Borough occupies. It is, therefore, concluded that special prohibition of the uses described as adult bookstores and theaters may be necessary to insure that these adverse affects will not contribute to the blighting or downgrading of the surrounding neighborhoods. There is no area within the Borough that either adult bookstores or theaters could be placed that would not be within a matter of a very short distance in feet, i.e., less than 500 feet, to any residential neighborhood and few places, if any, where such a facility could be located further than 1,000 feet from any church.
b. 
Definitions. As used in this section:
ADULT BOOKSTORES
Shall mean an establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to special sexual activities, sexual conduct or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material and sexual apparatus and devices.
ADULT MOTION PICTURE THEATER
Shall mean an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
SADOMASOCHISTIC ABUSE
Shall mean flagellation or torture by or upon a human being who is nude, 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.
SEXUAL CONDUCT
Shall mean human masturbation and 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.
SPECIAL ANATOMICAL AREAS
Shall mean human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
1. 
Human genitals in a state of sexual stimulation or arousal.
2. 
Any act of human masturbation, sexual intercourse or sodomy.
3. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
c. 
Adult Bookstores and Adult Theaters Prohibited. The following are specifically prohibited within the confines of the Borough of Pitman:
1. 
Any moving picture, commonly referred to as a motion picture, with an "X" rating
2. 
Adult bookstores as defined in this subsection.
3. 
Live sex shows which display or emphasize any of the following type or types of entertainment:
(a) 
Sadomasochistic abuse.
(b) 
Sexual conduct.
(c) 
Specific sex activity as defined in this subsection as "specified sexual activity."
(d) 
Human genitals in a discernibly turgid state.
(e) 
Peep shows.