[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 9.24 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Graffiti — See Ch. 213.
Peace and good order — See Ch. 276.
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:
OBSCENE MATERIAL
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.
RETAILER
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 or photographs.
A. 
It shall be a petty disorderly persons offense for a retailer to display or permit to be displayed at his 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 other covering placed or printed on the front of the material displayed.
B. 
The public display of obscene material as prohibited in Subsection A on or at the premises of the retailer shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.