[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:
- OBSCENE MATERIALS
- 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.
- SPECIFIED ANATOMICAL AREA
- 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.
- SPECIFIED SEXUAL ACTIVITY
- 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.