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 legislative of the State of New Jersey. The Borough Council, in order to better promote the public health, safety and general welfare of its citizens, does ordain as follows:

Findings of Fact. 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 pre-empted the Borough from prohibiting the sale of material which the Township 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.

Purposes and Objectives. It is the purpose of this section to regulate sexually-oriented businesses, 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 of South Toms River. The Borough Council finds that the secondary effects of adult entertainment establishments, as established through the reports and studies of other cities and municipalities with the appropriate resources to conduct same, is deleterious and inimical to health, safety and general welfare of the residents of the municipality. It is not the purpose of this section to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, nor will this section have the effect of restricting or denying such access.