Township of Irvington, NJ Chapter 409 Obscene Materials

[HISTORY: Adopted by the Municipal Council of the Township of Irvington 3-28-1989 by Ord. No. MC 2881 (Ch. 139, Art. V, of the 1981 Revised Code). Amendments noted where applicable.]

GENERAL REFERENCES

Peace and good order — See Ch. 439.

§ 409-1 Purpose.

The purpose of this chapter is to regulate, within the confines of state law, the public display by retailers of obscene materials, particularly where such materials are likely to be viewed by minors.

§ 409-2 Definitions.

[Amended 2-10-1994 by Ord. No. MC 2990]

As used in this chapter, the following terms shall have the meanings indicated:

KNOWINGLY

A. Having knowledge of the character and content of the material described herein; or

B. Having failed to exercise reasonable inspection which would disclosure 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, film or language 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 depicted or described.

RETAILER

Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other materials, including clothing, at retail containing pictures, drawings or 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 genitalia in a discernibly turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY

A. Human genitals in a state of sexual stimulation or arousal; or

B. Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or

C. Fondling or other erotic touching or covered or uncovered human genitals, pubic region, buttock or female breasts.

§ 409-3 Display of obscene materials by retailers.

[Amended 2-10-1994 by Ord. No. MC 2990]

A. It shall be a petty disorderly persons offense for a retailer to knowingly display or permit to be displayed at her or his business premises any obscene materials, 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.

B. Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 409-4 Obscene candy.

[Added 5-17-1994 by Ord. No. MC 2999]

A. The public sale of candy with sexual connotations is hereby prohibited. "Sexual connotation" shall mean any depiction of a specified anatomical area, or specified sexual activity, which emits sensuality with sufficient impact to concentrate prurient interest on the area or activity depicted or described.

B. It shall be a petty disorderly persons offense for a retailer to knowingly sell candy with sexual connotations at her or his business.

§ 409-5 Violations and penalties.

[Amended 2-10-1994 by Ord. No. MC 2990; 5-17-1994 by Ord. No. MC 2999[1]]

Any violation of this chapter shall constitute a petty disorderly persons offense and shall be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).