[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 3-21-1989 by Ord. No. 2265 (Ch. 173, Art. VI, of
the 1978 Code). Amendments noted where applicable.]
The purpose of this chapter is to regulate,
within the confines of state law, the public display by retailers
of obscene materials, particularly where such materials are likely
to be viewed by minors.
As used in this chapter, the following terms
shall have the meanings indicated:
Any description, narrative account, display, billboard, signs as defined in Chapter 700, Zoning, 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 of film, which, by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interests on the area or activity.
[Amended 3-15-1994 by Ord. No. 2422]
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
of age, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings or photographs.
A.
It shall be a petty disorderly person offense for
a person to display or permit to be displayed at his business premises
any exterior or interior signs or obscene material as defined in N.J.S.A.
2C:34-3 at a height of less than five feet or without a binder or
other covering placed or printed on the front of material displayed.
[Amended 3-15-1994 by Ord. No. 2422]
B.
Public display of obscene material shall constitute
presumptive evidence that the person knowingly made or permitted the
display.
[Amended 3-15-1994 by Ord. No. 2422]
The penalty for a violation of the provisions
of this chapter shall be a fine of up to $1,000, imprisonment for
up to 30 days, or both.
