Borough of Middlesex, NJ
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2023-10-10
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Part II, General Legislation
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Chapter 108 Adult Uses and Entertainment
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Article III Obscene Material
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Background Checks, Criminal History Record
- Ch 6 Bylaws of Council
- Ch 10 Claims, Payment of
- Ch 12 (Reserved)
- Ch 14 Cooperative Pricing
- Ch 18 Court, Municipal
- Ch 19 Culture and Heritage Committee
- Ch 23 Defense and Indemnification
- Ch 26 Board, Committee, and Commission Meeting Attendance
- Ch 28 (Reserved)
- Ch 32 Environmental Commission
- Ch 36 Emergency Management
- Ch 40 Fire Department
- Ch 44 Flood Control Commission
- Ch 48 Health, Board of
- Ch 52 Housing and Community Development Advisory Committee
- Ch 56 Land Use Procedures
- Ch 60 Map, Official
- Ch 62 Municipal Alliance Committee on Alcoholism and Drug Abuse
- Ch 64 Mutual Assistance
- Ch 68 Officers and Employees
- Ch 72 Payroll Procedures
- Ch 76 Pensions
- Ch 80 Police Department
- Ch 84 Political Fund-Raising
- Ch 86 Filming
- Ch 88 Purchasing Department
- Ch 92 Department of Public Recreation and Senior and Disabled Services
- Ch 93 Recreation and Parks Improvement Committees
- Ch 94 Redevelopment Committee
- Ch 96 Salaries and Compensation
- Ch 100 Shade Tree Commission
- Ch 103 Traffic Safety Committee
- Part II, General Legislation
- Ch 108 Adult Uses and Entertainment
- Ch 108 Art III Obscene Material
- § 108-13 Public display.
- § 108-14 Definitions.
- § 108-15 Violations and penalties.
- Ch 112 Advertising Materials
- Ch 117 Alarm Devices and False Alarms
- Ch 121 Alcoholic Beverages
- Ch 125 Amusement Games
- Ch 129 Animals
- Ch 150 Carnivals
- Ch 154 Certificates, Birth, Death and Marriage
- Ch 158 Certificates, Sale/Lease
- Ch 168 Construction Codes, Uniform
- Ch 172 (Reserved)
- Ch 176 Conversions, Condominium and Cooperative
- Ch 182 Donation Bins
- Ch 186 Drug-Free Zones
- Ch 190 (Reserved)
- Ch 195 Fees
- Ch 200 Festivals
- Ch 204 Fiber Optic Cables, Installation of
- Ch 208 Firearms and Ammunition, Sale of
- Ch 212 Fire Detection Systems
- Ch 216 Fire Lanes
- Ch 220 Fire Prevention
- Ch 224 Flood Damage Prevention
- Ch 240 Housing Standards
- Ch 244 Junkyards and Junk Dealers
- Ch 248 Land Development
- Ch 252 Landfills
- Ch 254 Landscaping Services
- Ch 256 Laundries
- Ch 260 Library
- Ch 264 Littering
- Ch 265 Limousines
- Ch 268 Loitering
- Ch 272 Massage and Bodywork Therapy Establishments
- Ch 276 Meat, Retail Sale of
- Ch 280 Minibikes
- Ch 284 Newspaper Vending Machines
- Ch 288 Numbering of Buildings and Lots
- Ch 292 Parades and Other Assemblies
- Ch 296 Parking, Handicapped
- Ch 301 Parks and Recreation Areas
- Ch 305 Peace and Good Order
- Ch 309 Peddling and Soliciting
- Ch 313 Poolrooms and Bowling Alleys
- Ch 315 Precious Metals and Secondhand Goods
- Ch 316 Prohibited Use of Borough Land
- Ch 317 Property Maintenance
- Ch 318 Property, Abandoned
- Ch 319 Rapid-Entry Key System
- Ch 320 Registration, Landlord
- Ch 321 Recreational Cannabis Retailing
- Ch 323 (Reserved)
- Ch 325 Riparian Zones
- Ch 327 Sales, Seasonal
- Ch 329 Schools
- Ch 332 Sewers
- Ch 334 (Reserved)
- Ch 336 Shopping Centers
- Ch 343 Smoking
- Ch 344 Smoking: Cannabis Limitations
- Ch 347 Soil Removal, Erosion and Sediment Control
- Ch 351 Solid Waste
- Ch 352 Steep Slopes
- Ch 354 Storm Drains
- Ch 355 Stormwater Control
- Ch 359 Streets and Sidewalks
- Ch 363 Structures, Dangerous
- Ch 367 Swimming Pool, Municipal
- Ch 371 Tattooing
- Ch 375 Taxation
- Ch 379 Taxicabs
- Ch 383 Tobacco, Sale of
- Ch 387 Towing
- Ch 391 Trailers and Campgrounds
- Ch 395 Trees
- Ch 399 Used Cars, Sale of
- Ch 403 Vehicles, Abandoned
- Ch 407 Vehicles and Traffic
- Ch 414 Water
- Ch 420 Zoning
- Part III, Board of Health Legislation
- Ch 425 General Provisions, Board of Health
- Ch 427 Barbershops, Beauty Parlors and Nail Salons
- Ch 429 Bylaws of Board of Health
- Ch 434 Gas and Oil Exploration
- Ch 436 Housing Standards
- Ch 438 Officers and Employees
- Ch 440 Rabies Control
- Ch 442 Radioactive Materials
- Ch 443 Retail Food Establishments
- Ch 446 Sanitary Regulations
- Ch 450 Swimming Pools, Public
- Ch 456 Water Supplies, Individual and Semipublic
- Appendix
- Ch A457 Franchises
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[Adopted 3-12-1991 by Ord. No. 1193]
[Amended 5-23-1995 by Ord. No. 1348; 8-22-1995 by Ord. No. 1354]
No person who operates a store, newsstand, booth,
concession or similar business with unimpeded access for persons under
the age of 18 years of age or who is in the business of making sales
of periodicals or other publications at retail containing pictures,
drawings or photographs shall display or permit to be displayed at
his business premises any obscene material as defined in N.J.S.A.
2C:34-3 at a height of not less than five feet, and such periodicals
or other publications shall have a binder or other covering placed
or printed on the material displayed. Publications stored in racks
or other areas behind the counter of a business establishment are
also subject to the restrictions set forth herein, since those areas
are visible to the public. The public display of the obscene material
shall constitute presumptive evidence that the retailer knowingly
made or permitted this display.
For the purpose of this article, the following
terms shall have the meanings indicated:
Any description, narrative account, display or depiction
of sexual activity or anatomical area contained in or consisting of
a picture or other representation, publication, sound recording, live
performance or film which, by means of posing, composition, format
or animated sensual details:
Depicts or describes in a patently offensive
way ultimate sexual acts, normal or perverted, actual or simulated,
masturbation, excretory functions or lewd exhibition of the genitals.
Lacks serious literary, artistic, political
or scientific value when taken as a whole.
Is a part of a work which to the average person
applying contemporary community standards has a dominant theme, taken
as a whole, which appeals to the prurient interest.
Any person who violates the provisions of this
article shall be charged with the petty disorderly persons offense.
