[HISTORY: Adopted by the City Council of
the City of Vineland as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 511.
[Adopted 11-13-1990 by Ord. No. 90-98 (Ch. 329, Art. I, of the 1990 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any motion-picture film or preview or trailer to a film not
including newsreels portraying actual events or pictorial news of
the day, in which a scene, taken by itself, depicts a specified anatomical
area or specified sexual activity or the simulation of a specified
sexual activity or verbalization concerning a specified sexual activity
as set forth in the definition of that term and emits sensuality sufficient
in terms of the duration and impact of the depiction to appeal to
the prurient interest. For the purpose of this article, all films
and rentals which have received a rating of "X" or its equivalent
from the Motion Picture Academy shall be presumed an obscene film.
For the purpose of this article, it shall be conclusively presumed
that all films rated by the Motion Picture Academy other than "X"
are not obscene films [N.J.S.A. 2C:34-3, Subsection (a)(2)].
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 [N.J.S.A. 2C:34-3, Subsection 3(a)(1)].
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
(N.J.S.A. 2C:34-3.1).
Human genitals in a state of sexual stimulation
or arousal.
Any act of human masturbation, sexual intercourse
or deviate sexual intercourse.
Fondling or other erotic touching of covered
or uncovered human genitals, pubic region, buttock or female breast
[N.J.S.A. 2C:34-3, Subsection (a)(4)].
A.
It shall be a petty disorderly person's offense for
a retailer to knowingly display or permit to be displayed at his business
premises any obscene materials or obscene films as defined herein:
B.
The restrictions contained in this section shall not
apply, however, in the event that said material is located at a controlled
access point behind which the public at large can reasonably neither
observe nor have access to the material (N.J.S.A. 2C:34-3.2).
Public display of the obscene material, as defined
herein, shall constitute presumptive evidence that the retailer knowingly
made or permitted the display (N.J.S.A. 2C:34-3.2).
