As used in this chapter, the following terms shall have the
meanings indicated:
KNOWINGLY
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.
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 and who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings and photographs.
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 areola; or
B.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation or arousal;
B.
An act of human masturbation, sexual intercourse or deviant
sexual intercourse; or
C.
Fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock or female breast.
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.