[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 6-10-1997 by Ord. No. 97-10. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 78.
The purpose of this chapter is to regulate the
retail display of obscene material, as provided by N.J.S.A. 2C:34-3.2.
As used in this chapter, the following terms
shall have the meanings indicated:
Any description, narrative account, display or depiction
of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance or a film which, by means of posing, composition,
format or animated sensual details:
Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions or lewd exhibition of the genitals;
Lacks serious literary, artistic, political or scientific value,
when taken as a whole; and
Is a part of a work which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which
appeals to the prurient interest.
Any individual, firm, corporation, partnership or any other
type of form of business which may be conducted in this state.
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded 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 or photographs.
Retailer shall also include any person who operates a store, newsstand,
booth, concession or similar business for the sale or rental of sound
recordings, films and/or videotapes to the public.
A.
It shall be unlawful and a petty disorderly persons
offense for any retailer to display or permit to be displayed at the
retailer's business premises any obscene material, as defined herein
or in N.J.S.A. 2C:34-3, 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.
B.
It shall not be a violation of this section for a
retailer engaged in the business of sale or rental of films and/or
videotapes to the public to display films and/or videotapes containing
adult material within said retailer's place of business, provided
that the following conditions are met:
(1)
The films and/or videotapes are located in a separate
room within the business establishment.
(2)
Access to the room in which the films and/or videotapes
are displayed shall be limited to persons 18 years of age or older
and shall be controlled by an employee of the business at all times;
(3)
The identification of all persons desiring entrance
to the separate room shall be checked by an employee of the business;
and
(4)
All employees of the business establishment shall
be 18 years of age or older.
The public display in and of itself of obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
A.
Any violation of this chapter shall subject the violator
to a fine of up to $1,000 and/or imprisonment of up to 90 days and/or
a period of community service not exceeding 90 days.
B.
Every day, or portion of a day, that the provisions
of this chapter are violated by any person, as defined herein, shall
be a separate and distinct violation.
