[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:
- OBSCENE MATERIAL
- 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:
- A. 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.
- B. Lacks serious literary, artistic, political or scientific value when taken as a whole.
- C. 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.