[HISTORY: Adopted by the Township Council of the Township
of Hamilton as Ch. 86, § 86-6, of the 1994 Code of Ordinances;
amended in its entirety 11-7-2007 by Ord. No. 07-035. Subsequent amendments
noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 of
activity.
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
old, who makes sales of periodicals or other publications at retail
containing pictures, drawings or 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 intercourse or deviate
sexual intercourse, or fondling or other erotic touching of covered
or uncovered human genitals, pubic region, buttock or female breast.
Any retailer who displays or permits to be displayed at his
business premises any obscene material shall display such material
with a blinder or other covering placed or printed on the front of
the material displayed. In addition, any obscene material shall be
placed at a height of five feet or greater on the display rack in
question.
The public display of obscene material shall constitute presumptive
evidence that the retailer knowingly made or permitted the display.
Any person who displays obscene materials in violation of this
section is a petty disorderly person and shall be subject to the penalties
contained in N.J.S.A. 2C:43-3d and N.J.S.A. 2C:43-8.
