[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:
KNOWINGLY
A. 
Having knowledge of the character and content of the material described herein.
B. 
Having failed to reasonably exercise reasonable inspection which would disclose its character and content [N.J.S.A. 2C:34-3, Subsection (a)(5)].
OBSCENE FILM
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)].
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 [N.J.S.A. 2C:34-3, Subsection 3(a)(1)].
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 and photographs (N.J.S.A. 2C:34-3.1).
SPECIFIED ANATOMICAL AREA
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the aureola; or
B. 
Human male genitals in a discernibly turgid state, even if covered. [N.J.S.A. 2C:34-3, Subsection (a)(3)].
SPECIFIED SEXUAL ACTIVITY
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse.
C. 
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:
(1) 
At a height of less than five feet; or
(2) 
Without a blinder or other covering placed or printed on the front of the material displayed, irrespective as to the height of the material.
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).
Any person violating any provisions of this article or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).