Borough of Old Tappan, NJ Chapter 175 Obscene Materials

[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 4-16-2001 by Ord. No. 748-01. Amendments noted where applicable.]

§ 175-1 Definitions.

The following words and terms shall have the meanings herein indicated for the purposes of this chapter:

OBSCENE MATERIAL

Any description, narrative account, display, 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, film, or video, 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 unimpeded access for persons under 18 years old, who is in the business of making sales or rentals of periodicals, other publications, films or video, at retail.

SPECIFIED ANATOMICAL AREA:

A. Less than completely or opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or

B. Human male genitals in a discernible turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY

A. Human genitals in a state of sexual stimulation or arousal; or

B. Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or

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

§ 175-2 Display by retailer of obscene material.

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 at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed. Public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.