The purposes of this chapter shall include the
regulation of the display of certain obscene materials which are offered
for retail sales and distribution in such a manner so as to prevent
their casual observance by persons under 18 years of age.
For the purpose of this chapter, the following
definitions shall apply:
KNOWINGLY
Having knowledge of the character and content of the material
or having failed to exercise reasonable inspection of the material
which would disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER 18 YEARS OF AGE
Any description, narrative account, display or depiction
of a specific anatomical area or sexual activity 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.
PUBLIC DISPLAY
Retail display of the material at a height of less than five
feet or without a covering over the front of the material.
RETAILER
Any person who operates a store, newsstand, booth, concession
or other similar business with unimpeded access to persons under the
age of 18 and who is in the business of making sales of periodicals
or other publications at retail containing pictures, drawings or photographs.
The public display of the obscene material,
as defined herein, shall constitute presumptive evidence that the
retailer knowingly made or permitted the display.
It shall be a petty disorderly persons offense
for a retailer to display or permit to be displayed any obscene material
at a height less than five feet or without a covering placed over
the front of said material displayed.
Any person who violates the provisions of §
305-4 shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 30 days, or both, for each violation that said is found guilty under this chapter.
In the event that this chapter requires judicial
construction or interpretation to avoid unconstitutionality by severing
or adding or interpreting words or phrases, the Council hereby declares
its intent and desire that such judicial construction or interpretation
be exercised by a court of competent jurisdiction so as to render
this chapter constitutional.