[HISTORY: Adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy 5-1-57 as Ord.
No. C-568. Section 341-5 amended at time of adoption
of Code; see Ch. 1, General Provisions. Other amendments noted where
applicable.]
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory. "Persons"
is any person, firm, partnership, association, corporation, company
or organization of any kind.
It shall be unlawful and an offense for any person to sell,
offer for sale, attempt to sell, display, give away, keep in his possession
with intent to sell or give away, or in any way furnish or attempt
to furnish to any person any illustrated comic book, magazine or other
publication which, read as a whole, is of an obscene nature.
A.
It shall be unlawful and an offense for any person to sell, offer
for sale, attempt to sell, display, give away, keep in his possession
with intent to utter, expose to view, advertise, sell or give away,
or in any way furnish or attempt to furnish to any person, including
any child under the age of eighteen (18) years, any comic book, magazine
or other publication which features nudity or seminudity or which,
read as a whole, is concerned with an account of crime or horror and
which depicts, by the use of pictures, sketches, photographs, illustrations
or drawings, any of the following offenses as defined in the statutes
of the State of New Jersey:
(1)
Adultery.
(2)
Arson and other burnings.
(3)
Assault with intent to kill, commit burglary, kidnapping, rape, robbery,
sodomy or carnal abuse.
(4)
Atrocious assault and battery.
(5)
Bribery and corruption.
(6)
Burglary and like crimes.
(7)
Conspiracy.
(8)
Embezzlement, conversion and misappropriation.
(9)
Embracery.
(10)
Escapes and rescues.
(11)
Extortion, threats and unlawful takings.
(12)
Forgery and counterfeiting.
(13)
Fornication.
(14)
Frauds and cheats.
(15)
Gaming.
(16)
Homicide.
(17)
Indecency and obscenity.
(18)
Kidnapping.
(19)
Larceny and other stealings.
(20)
Malicious mischief.
(21)
Mayhem.
(22)
Prostitution.
(23)
Rape and carnal abuse.
(24)
Robbery.
(25)
Seduction.
(26)
Sodomy
B.
Intent where text is not prominently featured. It is the intent of
this chapter to include publications where the text is not prominently
featured but rather is incidental to the picture, being usually in
balloons that indicate the words spoken by the character.
C.
Exceptions. This chapter shall not be construed to apply to the following:
(1)
Accounts of crime which are part of the ordinary and general dissemination
of news, nor such drawings and photographs as are used to illustrate
such accounts.
(2)
Legitimate, illustrated, historical accounts of crime or crimes.
(3)
Books and publications which are generally known as the "classics"
or classic literature.
If any publication prohibited hereunder shall be displayed in
any newsstand, bookstore, drugstore, market or other mercantile establishment
where the said prohibited publication may be seen by any child under
the age of eighteen (18) years visiting such establishment, such display
shall be prima facie evidence that the person in charge of such establishment
was then displaying the crime or horror comic book or other prohibited
publication and intended to sell, offer for sale, furnish or attempt
to furnish such prohibited publication to a child or children under
the age of eighteen (18) years in violation of this chapter, but it
shall be competent for the defendant in each case to introduce proof
to overcome the presumption that such intention existed.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed five hundred
dollars ($500) or by imprisonment in the county jail for a period
not to exceed ninety (90) days, or by both such fine and imprisonment.
Each day that such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder. If more than one (1) publication prohibited hereunder shall
be offered, exhibited, kept or displayed in violation of this chapter
at the same location by the same person, the offer, exhibiting, keeping
or display of each separate publication prohibited hereunder shall
constitute a separate offense and shall be punished as such hereunder.
