[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 85-11 (Sec. 3-22 of the 1975 Code). Amendments noted where applicable.]
Pornography, as defined herein, has been determined by the governing
body of the Township of Lower to have a deleterious effect upon the health,
safety and welfare of the people of the Township of Lower. The governing body
of the Township similarly acknowledges the primacy in law of the First Amendment
to the United States Constitution. The purpose of the within chapter is to
protect the health, safety and welfare of the people of the Township by outlawing
pornography within the confines of the Township while at the same time effectuating
adherence to the provisions of the First Amendment.
As used in this chapter, the following terms shall have the meanings
indicated:
Material or conduct which:
The average person, applying contemporary standards of the Township
of Lower, would find, taken as a whole, appeals to the prurient interest;
and
Depicts or describes, in patently offensive ways, sexual conduct specifically
defined by the laws of the State of New Jersey; and
Taken as a whole, lacks serious literary, artistic, political or scientific
value.
It shall be unlawful to sell, rent, purvey, or otherwise exhibit pornography
as defined herein within the confines of the Township of Lower.
[Amended by Ord. No. 86-4; Ord. No. 87-2]
A.
There is hereby established within the Township of Lower
a Community Standards Review Board.
B.
The Community Standards Review Board shall have the following
purposes:
(1)
The Community Standards Review Board shall actively and
continuously assemble evidence in order to ascertain and determine the standards
of the Township of Lower, as they may exist and change from time to time,
with regard to lewd, obscene, profane, pornographic and sexually oriented
materials and conduct. It shall assemble said evidence through any means which
may be reasonable, including but not limited to public hearings, public petitions,
public referenda, and the like. The Board shall maintain detailed and accurate
records of said evidence.
(2)
The Community Standards Review Board shall, upon request,
issue written opinions with regard to specific materials and/or conduct and
shall specify therein the relationship between said materials and/or conduct
and the prevailing community standards of the Township of Lower at the time
of the request.
C.
The Community Standards Review Board shall establish
a meeting schedule and shall comply with the requirements of the Open Public
Meetings Act.[1] It shall actively gather evidence which reflects the ever-evolving
community standards of the Township of Lower with regard to lewd, obscene,
profane, pornographic and sexually oriented materials and conduct.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
D.
The Community Standards Review Board shall consist of
seven members to be appointed by the Township Council. Each member of the
Board shall be a resident of the Township of Lower.
(1)
Said membership shall include the following:
(a)
Not less than three males.
(b)
Not less than three females.
(c)
At least one person actively engaged in business within
the confines of the Township of Lower.
(d)
At least one college graduate.
(e)
At least one person who is not a college graduate.
(f)
At least one person between the ages of 18 and 30 years
of age.
(g)
At least one person in excess of 60 years of age.
(h)
At least one housewife.
(2)
Nothing contained herein shall prohibit any specific
member of the Community Standards Review Board from satisfying more than one
of the above-listed criteria.
E.
The Community Standards Review Board shall annually submit
to the Township Council a written report outlining the current standards of
the Township of Lower. Said report shall be submitted to the Township Clerk
annually on June 30.
F.
The Community Standards Review Board may employ a secretary
at such salary as may be fixed by the Township Council.
G.
The Community Standards Review Board may utilize the
services of the Township Solicitor, as needed, for legal advice.
H.
The terms of the members first appointed pursuant to
this section shall expire as follows: one member's term shall expire after
one year of service; two members' terms shall expire after two years of service;
two members' terms shall expire after three years of service; and two members'
terms shall expire after four years of service. Thereafter, each member appointed
to the Community Standards Review Board shall serve a term of four years.
For purposes of this section, the terms of all members of the Community Standards
Review Board shall terminate on December 31.
Any person seeking to disseminate materials or engage in conduct which he believes may fall within the prohibition contained in the within chapter may, in advance thereof, apply to the Community Standards Review Board for a preliminary advisory opinion. The Community Standards Review Board shall issue the requested opinion within 30 days. In the event of subsequent court action as specified in § 486-6 below, the preliminary advisory opinion may, within the sole discretion of the defendant, be utilized as the advisory opinion required in § 486-6 below.
Any resident of the Township of Lower may file a complaint against any person or entity for violation of § 486-3 of this chapter. Said complaint shall be adjudicated in the Municipal Court of the Township of Lower. The Community Standards Review Board shall submit to the Court a written advisory opinion with regard to the materials and/or conduct at issue prior to trial, except as provided in § 486-5 above. Said opinion shall be considered by the Court in arriving at its decision but shall not be binding upon the Court. The Court shall adjudicate each case according to law. The advisory opinion shall be deemed a business record of the state, and shall be considered admissible evidence as an express exception to the hearsay rule. Any party or the Court may direct the Community Standards Review Board, or any member thereof, to appear and give testimony to augment the advisory opinion submitted to the Court.
[Amended by Ord. No. 86-4]
Any person or entity who or which shall violate any provision of this
chapter shall be subject to a fine of $1,000 for each and every violation,
or imprisonment for a term not to exceed 90 days, or both.
Any resident of the Township of Lower may, alternatively, seek to enforce
this chapter by applying to the Superior Court of New Jersey for an injunction
against the questionable material and/or conduct.
