[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 3-21-1989 by Ord. No. 949. Amendments noted where applicable.]
Peace and good order — See Ch. 204.
As used in this chapter, the following terms shall have the meanings indicated:
- OBSCENE MATERIAL 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, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
- 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 and photographs.
It shall be a petty disorderly persons offense for a retailer to knowingly display or permit to be displayed at his business premises any obscene material, 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.
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any retailer who violates § 102-2 commits a petty disorderly persons offense and shall be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 30 days, or both, for each and every violation.