Borough of Wallington, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 5-26-1994 by Ord. No. 94-15 (Ch. 125 of the 1992 Code). Amendments noted where applicable.]
No person who operates any commercial establishment with unimpeded access to persons under 18 years of age and who is in the business of making sales or rentals of periodicals, videotapes, magazines or other publications at retail containing pictures, drawings or photographs shall display or permit to be displayed at such business premises any obscene material without a blinder partition or other covering placed or printed on the material displayed. The public display of obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted this display.
As used in this chapter, the following terms shall have the meanings indicated:
Any description, narrative account, display or depiction of sexual activity or anatomical area 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 graphics, depicts sensual, obscene, prurient or sexually suggestive details or depicts or describes in a patently offensive way, sexual acts, normal or perverted, actual or simulated masturbation, excretory functions or exhibition of the genitals.
Lacks serious literary, artistic, political or scientific value when taken as a whole.
Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to prurient interest.
Any person who violates the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).