Township of Kingwood, NJ Chapter 93 Obscene Material

[HISTORY:[1] Adopted by the Township Committee of the Township of Kingwood 7-20-1998 by Ord. No. 9-5-98. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 93, Property Maintenance, adopted 4-18-1988 by Ord. No. 6-4-88, was repealed 12-16-1991 by Ord. No. 7-9-91.

§ 93-1 Purpose.

It is the purpose of this chapter to regulate the public display by retailers of obscene materials, particularly where such materials are likely to be viewed by minors, and thereby control and minimize any adverse effects.

§ 93-2 Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated:

OBSCENE MATERIAL

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 or publication 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.

RETAILER

Any person who operates a store, newsstand, booth, concession, or similar business with access for persons under 18 years of age, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings and photographs, whether such sales are either the primary focus of such business or are an ancillary aspect to such retail business.

SPECIFIED ANATOMICAL AREA

(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or

(2) Human male genitals in a discernibly turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Any act of masturbation, sexual intercourse or deviate sexual intercourse; or

(3) Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.

B. The definitions set forth in N.J.S.A. 2C:34-2 and 2C:34-3 shall apply in the construction of this chapter as though set forth at length herein.

§ 93-3 Display by retailers of minors.

No retailer who operates a store, newsstand, booth, concession or similar business with unimpeded access to persons under 18 years of age or is in the business of making sales of periodicals or other publications at retail, containing pictures, drawings or photographs, shall display or permit to be displayed at its business premises any obscene material at any location in the premises, except behind the service counter (in that area to which the public is not invited), and, in which case, such obscene material shall not be displayed without a blinder or other covering placed over or printed on the front of the material displayed so as to completely cover any specified anatomical area appearing on the cover of the publication. The public display of obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 93-4 Violations and penalties.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

Any person who violates any of the provisions of this chapter shall be guilty of a petty disorderly persons offense and shall, upon conviction thereof, be punishable by the penalty provisions in Chapter 1, General Provisions, Article II, General Penalties, of the Township Code. Each and every day that such a violation continues shall be considered a separate and specific violation of this chapter.