[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 3-15-1985 as Ord. No. 3-1985. Amendments noted where applicable.]
No person, firm or corporation shall sell, offer for sale or display obscene material.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- OBSCENE MATERIAL
- 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 film which, by means of posing, composition, format or animated sensual details:
- A. 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;
- B. Lacks serious literary, artistic, political or scientific value, when taken as a whole; and
- C. Is part of a work which, the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to prurient interests.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment. Each violation of any other provision of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Added 2-4-1993 by Ord. No. 1-1993]
The Municipal Police Department is the enforcement agent of this chapter.