[Adopted 12-28-2015 by Ord. No. 1238]
The purpose of this article is to regulate, within the confines
of New Jersey State law, the public display by retailers of obscene
materials, particularly where such materials are likely to be viewed
by minors.
As used in this article, the following terms shall have the
meanings indicated:
Any description, narrative account, display or 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.
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 of periodicals or other
publications at retail containing pictures, drawings or photographs.
It shall be a petty disorderly persons offense for a retailer
to display or permit to be displayed at his business premises any
obscene material as defined herein, at a height of less than five
feet or without a binder or other covering placed or printed on the
front of the material displayed.
The public display of obscene material, as prohibited in § 147-6 above, on or at the premises of the retailer shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any retailer violating any of the provisions of this article
shall, upon conviction thereof, be liable for a fine not to exceed
$2,000 or imprisonment for a term not to exceed 90 days or a requirement
to perform community service for a period not to exceed 90 days. Each
and every day in which a violation of any provision of this article
exists shall constitute a separate violation.
