Borough of Rutherford, NJ Chapter 64A Obscene Materials

[HISTORY: Adopted by the Borough of Rutherford Council 3-26-2002 by Ord. No. 3001-02. Amendments noted where applicable.]

§ 64A-1 Definitions.

A. Definition of obscene materials for persons over age 18. All definitions set forth in N.J.S.A. 2C:34-2 are incorporated herein, including the following: "Obscene materials" means 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:

(1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of genitals;

(2) Lacks serious literary, artistic, political, or scientific value when taken as a whole; and

(3) 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.

B. Definition of obscene materials for persons under age 18. All definitions set forth in N.J.S.A. 2C:34-3 are incorporated herein, including but not limited to the following: "Obscene materials" means any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity 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, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.

C. "Retailer" means any person who operates a store, newsstand, booth, concession, or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales, among other things, of periodicals or other publications at retail containing pictures, drawings, or photographs.

§ 64A-2 Prohibition against display of obscene materials.

A. All retailers at any business premises in the Borough of Rutherford are hereby prohibited from displaying or permitting to be displayed any obscene materials at a height of less than five feet and without a blinder or other nontransparent covering placed or printed on the front of the material displayed.

B. The public display of any obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.