Township of Mantua, NJ Obscene Material Display

The exhibition of obscene material, as defined hereinbelow, to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another. Where obscene material is exhibited incident to another commercial transaction, it is a commercial display of obscene material whether or not the parties state that the valuable consideration is paid in part for the obscene exhibit.

COMMERCIAL DISTRIBUTION OF OBSCENE MATERIAL

Any transfer of possession, whether permanent or temporary, for any valuable consideration, whether the valuable consideration is paid by the recipient of the obscene material or by another. Where obscene material, as defined hereinbelow, is transferred incidental to another commercial transaction, it is a commercial distribution of obscene material whether or not the parties state that the valuable consideration is paid in part for the obscene material.

OBSCENE MATERIALS AND ACTS

Films and moving pictures. A film or moving picture which portrays or depicts human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs, and as to which the average person, applying contemporary community standards, finds that the film or moving picture, taken as a whole, appeals to the prurient interests in sex, and which film or moving picture depicts or portrays such human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs in a patently offensive manner, and which film or moving picture, taken as a whole, lacks serious literary, artistic, political or scientific value.

Photographs, paintings or illustrations. A photograph, painting or illustration which portrays human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs, and as to which the average person, applying contemporary community standards, finds that the photographs, paintings or illustrations, taken as a whole, appeal to the prurient interests in sex, and which photographs, paintings or illustrations depict or portray such human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs in a patently offensive manner, and which photographs, paintings or illustrations, taken as a whole, lack serious literary, artistic, political or scientific value. Breasts shall not be considered sexual organs for the purpose of this Subsection B.

Books and magazines. A book or magazine which contains photographs, paintings or illustrations portraying or depicting human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs, and as to which the average person, applying contemporary standards, finds that the book or magazine, taken as a whole, appeals to the prurient interests in sex, and which book or magazine depicts or portrays such human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs in a patently offensive manner, and which book or magazine, taken as a whole, lacks serious literary, artistic, political or scientific value. A book or magazine containing no photographs, paintings or illustrations shall not be considered obscene for purposes of this chapter.

Objects. An object which is, by itself, a recognizable reproduction of a sexual organ (including breasts) or a part of which consists of a recognizable reproduction of sexual organs substantially exaggerated in size or appearance; provided, however, that to be obscene, the average person, applying contemporary community standards, must find that the object, taken as a whole, appeals to the prurient interests in sex and the object must depict or portray such human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs in a patently offensive manner, and the object, taken as a whole, lacks serious literary, artistic, political or scientific value.

Acts. An act which involves, displays or portrays human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs (including breasts), and as to which the average person, applying contemporary community standards, finds that the act, taken as a whole, appeals to the prurient interests in sex, and which act depicts or portrays such human sexual intercourse or sexual acts in a patently offensive manner, and which act, taken as a whole, lacks serious literary, artistic, political or scientific value.

§ 275-3 Liability for commercial distribution or display.

To be liable under this chapter, however, with respect to a commercial display or commercial distribution of obscene materials, a seller, vendor or dispenser of books, magazines, printed matter, objects or films must have knowledge, actual or constructive, of the obscene nature of the contents of those books, magazines, printed matter, objects or films.

§ 275-4 Prior review of films and moving pictures.

Any person desiring to make a commercial distribution or commercial display of a film or moving picture which he has reason to believe may be obscene shall first submit it for inspection by the Director of Public Safety. The applicant shall give the Director of Public Safety written notice of his intention to submit any film or moving picture for inspection; said notice shall be delivered to the Director of Public Safety or to the Township Clerk and shall contain the applicant's name, address within the Township and telephone number where he can be reached during business hours. Within 24 hours (Saturdays, Sundays and holidays excepted) of receipt of said notice the Director of Public Safety shall make himself available to said applicant during business hours for the purpose of inspecting the film or moving picture. The Director of Public Safety shall reasonably notify the applicant of the appointed time either by telephone or written notice left at the address within the Township stated by the applicant. The failure of the applicant to cooperate in any way in arranging a time for inspection within said 24 hours shall not relieve said applicant of the duty to submit the film or moving picture for inspection of the Director of Public Safety. Within 72 hours (Saturdays, Sundays and holidays excepted) of the termination of said inspection, the Director of Public Safety shall either inform the applicant, in writing, that the film or moving picture is not obscene and therefore that it may be commercially distributed or commercially displayed without fear of prosecution under this chapter or inform the applicant in writing that the Director of Public Safety has brought suit seeking to have the commercial distribution or commercial display of said film or moving picture enjoined because of its obscene character. It shall be a violation of this section to make commercial distribution or commercial display of any obscene film or moving picture prior to the expiration of said seventy-two-hour period. Nothing herein shall prevent the applicant from making commercial distribution or commercial display of said film or moving picture after the end of said seventy-two-hour period; subject, however, to any judicial restraints imposed. If for any reason the Director of Public Safety is unable or unavailable to perform his functions under this chapter, he may appoint another person or persons in his stead, and such appointment may be made in anticipation of such circumstances. The failure of the Director of Public Safety to perform any of his functions under this section shall not preclude any prosecution under § 275-1 of this chapter.

§ 275-5 Violations and penalties.

[Amended 4-25-1989]

Any person who has been determined to have violated § 275-1 or any provision of this chapter shall be subject to imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above. Nothing herein contained shall prevent the Township of Mantua from taking such other lawful action as is necessary to prevent or remedy any violation. Each separate film, moving picture, photograph, painting, illustration, book, magazine, object or act (and each issue of them) which is commercially distributed or commercially displayed shall constitute a separate offense under this chapter. Each separate commercial distribution or commercial display, whether to different persons or to the same person, shall constitute a separate offense under this chapter.

Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.

§ 275-6 Construction; severability.

Where necessary, this chapter shall be construed in a manner which will render it valid and constitutional. If for any reason any section or any part of a section or provision of this chapter shall be adjudged unconstitutional or invalid, said judgment shall not be held to affect other sections.