For the purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. 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. The
word "person" shall mean 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, exhibit, 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.
It shall be unlawful and an offense for any person to sell,
offer for sale, attempt to sell, exhibit, give away, keep in his possession
with intent to sell or give away, or in any way furnish or attempt
to furnish to any child under the age of 18 years any "comic" book,
magazine or other publication which, read as a whole, is concerned
with an account of crime and which depicts, by the use of drawings,
the following crimes as defined in the Revised Statutes of the State
of New Jersey:
A. Administering poisonous and injurious potions.
C. Arson and other willful burning.
D. Assault in attempting burglary.
E. Assault to maim or disfigure.
F. Assault with intent to commit rape.
G. Assault with intent to commit robbery.
H. Assault with intent to murder.
K. Kidnapping and abduction.
R. Conspiracy to commit any of the foregoing offenses.
It is the intent of this ordinance to include publications where
the text is not prominently featured but rather is incidental to the
picture, being usually in the "balloons" that indicate the words spoken
by the characters.
This ordinance shall not be construed to apply to those accounts
of crime which are part of the ordinary and general dissemination
of news, nor to such drawings and photographs as are used to illustrate
such accounts.
This ordinance shall not be construed to apply to legitimate,
illustrated, historical accounts of crime or crimes.
If any publication prohibited hereunder shall be displayed in
any newsstand, bookstore, drugstore, market of other mercantile establishment
where the said prohibited publication may be seen by any child under
the age of 18 years visiting such establishment, such display shall
be prima facie evidence that the person in charge of such establishment
was then exhibiting the crime "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
18 years in violation of this ordinance, but it shall be competent
for the defendant in any such case to show that no such intention
existed.
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, be fined in an amount not exceeding
$500 or be imprisoned in the county jail for a period of not exceeding
90 days, or be both so fined and imprisoned. 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
publication prohibited hereunder shall be offered, exhibited, kept
or displayed in violation of this ordinance, 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. If two or more publications
prohibited hereunder are furnished or sold at the same time by the
same person, the sale or furnishing of each shall constitute a separate
offense and shall be punishable as such hereunder.