[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 3-21-1989 by Ord. No. 949. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any retailer who violates § 102-2 commits a petty disorderly persons offense and shall be subject to a fine not exceeding $500, imprisonment for a term not exceeding 30 days, or both, for each and every violation.
