[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 5-26-1994 by Ord. No. 94-15 (Ch. 125 of the 1992
Code). Amendments noted where applicable.]
No person who operates any commercial establishment with unimpeded
access to persons under 18 years of age and who is in the business
of making sales or rentals of periodicals, videotapes, magazines or
other publications at retail containing pictures, drawings or photographs
shall display or permit to be displayed at such business premises
any obscene material without a blinder partition or other covering
placed or printed on the material displayed. The public display of
obscene material shall constitute presumptive evidence that the retailer
knowingly made or permitted this display.
As used in this chapter, 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 graphics,
depicts sensual, obscene, prurient or sexually suggestive details
or depicts or describes in a patently offensive way, sexual acts,
normal or perverted, actual or simulated masturbation, excretory functions
or 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 prurient interest.
