[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 No. 6-4-88, was repealed 12-16-1991 by Ord.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.
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.
A.Â
OBSCENE MATERIAL
RETAILER
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
As used in this chapter, 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 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.
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.
B.Â
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.
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.
[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.