Borough of Westwood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Westwood 4-25-1989 by Ord. No. 89-2. Amendments noted where applicable.]
Disorderly conduct — See Ch. 143.
Newsracks — See Ch. 216.
As used in this chapter, the following terms shall have the meanings indicated:
Having knowledge of the character and content of the material described herein or having failed to exercise reasonable inspection which would disclose its character and content.
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.
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old and who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings and photographs.
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
Human male genitals in a discernibly turgid state, even if covered.
Human genitals in a state of sexual stimulation or arousal;
An act of human masturbation, sexual intercourse or deviant sexual intercourse; or
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be a petty disorderly persons offense for a retailer to knowingly display or permit to be displayed at his business premises any obscene material, as defined herein, 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.
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any retailer who violates § 227-2 commits a petty disorderly persons offense and shall be subject to a fine not exceeding $500, imprisonment for a term not exceeding 30 days, or both, for each and every violation.
In the event that this chapter requires judicial construction or interpretation to avoid unconstitutionality by severing or adding or interpreting words and phrases, the Council hereby declares its intent and desire that such judicial construction or interpretation be exercised by a court of competent jurisdiction so as to render this chapter constitutional.