[HISTORY: Adopted by the Borough Council of the Borough of
Lodi as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-1954 by Ord. No. 784]
It shall be unlawful for any person, firm or corporation to
sell, lend, give away, show, have in his possession with intent to
sell, give away, show, advertise or otherwise offer for loan, gift,
sale or distribution, upon or within any street, alley, park, school,
building or room, hall, theater, show house, newsstand, store or other
place of business or entertainment, any obscene or indecent book,
magazine, pamphlet, newspaper, story paper, writing, picture, film,
drawing, photograph or any article or instrument of indecent or immoral
character; or to design, copy, draw, photograph, print, utter, publish
or otherwise prepare such a book, picture, film, drawing, paper or
other article; or to write or print or cause to be written or printed
a circular, advertisement or notice of any kind; or give oral information
stating when, where, how or of whom, or by what means, such an indecent
or obscene article or thing can be purchased, obtained or viewed.
It shall be unlawful for any person to exhibit upon any public road, street or other place, within view of any minor, any of the books, papers or other things enumerated in § 363-1 of this article.
It shall be unlawful for any person to hire, use or employ any minor to sell or give away or in any manner distribute, or to permit any minor in his custody or control to sell, give away or in any manner distribute, any of the articles enumerated in § 363-1 of this article.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
not exceeding $2,000, imprisonment for a period not exceeding 90 days
and/or a period of community service not exceeding 90 days
[Adopted 4-1-1976 by Ord. No. 76-13]
Any person who commits open lewdness or a notorious public indecency,
grossly scandalous and tending to debauch the morals and manners of
the people of the Borough of Lodi, is guilty of a violation of this
article and, upon conviction thereof in the Municipal Court, shall
be subject to the penalties set forth elsewhere in this article.
As used in this article, the following terms shall have the
meanings indicated:
The standards of the community, which is comprised of the
citizenry of the Borough of Lodi.
The majority view as expressed through the Borough Council
within the confines of the Borough of Lodi.
Having knowledge of the character and content of material
described herein or having failed to exercise reasonable inspection
which would disclose its character and content.
Anything tangible which is capable of being used or adapted
to arouse interest, whether through the medium of reading, observation,
sound, feel or in any other manner.
Any descriptive, narrative account or depiction of a specified
anatomical area or specified sexual activity contained in or consisting
of a picture or other representation, publication, sound recording
or film which, by means of posing, composition, format or animated
sensual details, emits sexuality with sufficient impact to concentrate
prurient interests in the area of activity.
That which to the average person applying contemporary community
standards, when considered as a whole, has as its dominant theme or
purpose an appeal to prurient interests. Any book, publication, picture,
writing, record or other mechanical or electrical audio or visual
reproduction or other material shall be "obscene" within the meaning
of this article if it is established that:
The dominant theme of the material taken as a whole appeals
to a prurient interest.
The material is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual materials.
The material is utterly without redeeming social value. The
phrase "redeeming social value," wherever it appears in this article,
shall mean that such material was capable of or intended for the advancement
of medical science and/or formal education.
A work which, taken as a whole, appeals to the prurient interest
in sex, which portrays sexual conduct in a patently offensive way
and which, taken as a whole, lacks serious literary, artistic, political
and scientific value. In determining whether or not a work or material
is obscene, the trier of fact must find that:
The average person, applying contemporary community standards,
would find that the work taken as a whole appeals to prurient interests;
The work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by this section as being a portrayal
of patently offensive sexual conduct, as that phrase is used in this
definition of an obscene work; and
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
So offensive on its face as to affront community standards.
The phrase "patently offensive sexual conduct" shall be deemed to
include any of the following sexual conducts as depicted, described
or dramatized in a patently offensive way:
An act of sexual intercourse, normal or perverted, actual or
simulated, including genital-genital, anal-genital or oral-genital
intercourse, whether between human beings or between a human or humans
and an animal or animals.
Sadomasochistic abuse, meaning flagellation or torture by or
upon a person or persons, whether in the nude or clad in undergarments
or in a revealing costume, or the condition of being fettered, bound
or otherwise physically restrained.
Masturbation, excretory functions and lewd exhibition of the
genitals, including any explicit close-up representation of human
genital organs or explicit exposure of female genital organs.
Physical contact or simulated physical contact with the unclothed
pubic area or buttock of humans or the breast of female humans, whether
the same involves two or more humans or one or more animals with the
humans, in an act of apparent sexual stimulation and/or gratification.
Any device designed and marketed as being useful primarily for
the stimulation of human genital organs.
Male or female genitals in a state of sexual stimulation, arousal
or turgidity.
Any play, motion picture, dance or dramatization, with or
without conversation, directly or in silhouette, or any other exhibition
performed before one or more persons.
Any material or performance.
In any prosecution under the provisions of this article, evidence
of pandering or evidence that the sale or distribution of the material
in question was exploited on the basis of its appeal to prurient interests
may be considered in determining whether such material is utterly
without redeeming social value.
A.
Any person who knowingly sells, rents, lends or gives away to another
person or induces such person to seek or induces such person to buy,
borrow or receive any of the following shall be guilty of violating
this article:
(1)
Any books, publications, pictures, writings, records or other mechanical
or electronic audio or visual reproductions or other material of any
person or persons posed or presented in such a manner as to exploit
lust and which shows, depicts or reveals such person or persons in
acts of sexual stimulation, deviation or perversion with one's
self or with another or others.
(2)
Any collection, series or combination of photographs, drawings or
other similar representations, whether or not contained in books,
publications, pictures, writings, records or other mechanical or electronic
audio or visual reproductions, of any person or persons posed or presented
in such a manner as to exploit lust for commercial gain and depicted
or shown in such a posture or way that the viewer's attention
or concentration is primarily focused on those persons in acts of
sexual stimulation, deviation or perversion which would appeal to
the lust of any person.
(3)
Any books, publications, pictures, writings, records or other mechanical
or electronic audio or visual reproductions or other material containing
details, descriptions or narratives, accounts or acts of sexual stimulation,
deviation or perversion with one's self, or with another or others,
which details, descriptions or narrative accounts are written or presented
in such a manner as to exploit lust for commercial gain and which
would appeal to the lust of persons and which are to be distinguished
from flat and factual statements of the facts, causes, functions or
purposes of the subject of the writing or presentation, such as would
be found in bona fide medical or biological textbooks.
B.
For the purpose of this section, "knowingly" shall mean having knowledge
of the character and content of any item described in this section
or failure to exercise reasonable inspection which would disclose
the character and content of the item.
Any person who knowingly and without just cause utters or exposes
to the view or hearing of another, or poses with intent to utter or
expose to the view or hearing of another any obscene works, written
or mechanical or electronic material, or sells, imports, prints, publishes,
loans, gives away, distributes or poses, with the intent to do any
of the above, any such works and/or material or advertises the same
or in any manner, whether by recommendation for or against its use,
gives any information on how or where such works or materials may
be obtained, viewed, heard, bought or sold, is guilty of violating
this article.
Any person, firm or corporation or any agent, officer or employee
thereof engaged in the business of distributing goods, wares, publications
or other articles or materials of any kind whatsoever to retail dealers
who shall refuse to furnish to any retail dealer any quantity of goods,
wares, publications or other articles sought to be purchased by a
retail dealer because that retail dealer refuses to purchase or accept
delivery of lewd, lascivious, obscene or indecent publications or
materials shall be guilty of violating this article.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
not exceeding $2,000, imprisonment for a period not exceeding 90 days
and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
