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