[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
It shall be unlawful for a retailer to display or permit to be displayed at a business premises any obscene material, as defined in N.J.S.A. 2C:34-3, at a height of less than five feet or without a blinder or covering placed on or in front of the material displayed.
The display of any obscene material, as defined in N.J.S.A. 2C:34-3, at a retail place of business shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.