[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 2-6-1996 by Ord. No. 0.1.96. Amendments noted where applicable.]
Any matter or performance is obscene if:
The matter or performance depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated;
The matter or performance, taken as a whole, lacks serious literary, artistic, political or scientific value; and
The average person, applying contemporary community standards, finds that the matter or performance, taken as a whole, appeals to the prurient interest.
As used in this chapter, the following terms shall have the meanings indicated:
- CONTEMPORARY COMMUNITY STANDARD
- The majority view as expressed through the Borough Council within the confines of the Borough of Paulsboro.
- The sale of admission to view obscene material.
- Any book, magazine, newspaper or printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.
- OBSCENE MATERIALS FOR PERSONS UNDER 18 YEARS OF AGE
- 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, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details emit sensuality with sufficient impact to concentrate prurient interest on the area or activities.
- Any person who owns or has legal right to possession of any matter.
- Any play, motion picture, dance or other exhibition or presentation, whether pictures, animated or live, performed before an audience of one or more person(s).
- Any individual, partnership, firm, association, corporation or other legal entity.
- 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 of periodicals or other publications at retail containing pictures, drawings or photographs.
- SEXUAL CONDUCT
- Human genitals in a state of sexual stimulation or arousal, any act of human masturbation, excretory function, sexual intercourse or deviant sexual intercourse, fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks or female breasts.
[Amended 2-5-2002 by Ord. No. 01.02]
Every person who knowingly sends or causes to be sent or brings or causes to be brought into the Borough of Paulsboro for sale or distribution; or, in the Borough of Paulsboro, possesses, prepares, publishes or prints, with intent to distribute or to exhibit to another, or who offers to distribute, distributes or exhibits to another any obscene matter, except for a licensed retailer operating under the constraints set forth in Subsection B below, is guilty of a disorderly persons offense.
Any retailer who displays or permits to be displayed at its business premises any obscene materials for persons under 18 years of age as defined herein 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 is guilty of a disorderly persons offense.
Any public display of obscene material for persons under 18 years of age as defined herein shall constitute presumptive evidence that the retailer knowingly made or permitted the display, and such retailer is guilty of a disorderly persons offense.
[Amended 2-5-2002 by Ord. No. 01.02]
Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits any obscene performance is guilty of a disorderly persons offense.
It shall be an affirmative defense to a prosecution under this chapter for the defendant to show:
That the distribution was made to the recipient by a bona fide school, museum or public library or by an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization acting in the course of his employment; or
That the act was done for legitimate scientific or educational purposes.
Any person who violated any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall, upon conviction, be fined in any amount not to exceed $500 or be imprisoned for any period not to exceed six months.
A violation of this chapter shall also be grounds for revocation of any licenses or certificate of occupancy issued by the Borough on the premises.