[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 12-20-1993 as Ord. No. 1084. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under eighteen (18) years of age, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.
- 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. Depict or describe, 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.
- C. 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.
No retailer shall display or permit to be displayed at his business premises any obscene material at a height of less than five (5) feet or without a blinder or other covering placed or printed on the material displayed. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly or permitted this display.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding one thousand dollars ($1,000.), or imprisonment for up to ninety (90) days, or a period of community service not exceeding ninety (90) days, or any combination thereof. Each day that the violation is permitted to exist shall constitute a separate offense, and, in addition, the violator shall pay all costs and expenses incurred by the borough in determining such violation.