[HISTORY: Adopted by the Township Committee of the Township of Raritan 10-11-2000 by Ord. No. 00-27 (Ch. 9.08 of the 2000 Code). Amendments noted where applicable.]
It is the purpose of this chapter to regulate the public display by retailers of obscene materials, particularly where such materials are likely to be viewed by minors, and thereby control and minimize any adverse effects.
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 disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER 18 YEARS OF AGE
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 or publication which, by means of posing, composition, format or animated sensual details, emits sensuality with the sufficient impact to concentrate prurient interest on the area or activity.
RETAILER
Any person who operates a store, newsstand, booth, concession or similar business with access for persons under 18 years of age, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings and photographs, whether such sales are either the primary focus of such business or are an ancillary aspect to such retail business.
SPECIFIED ANATOMICAL AREA
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
B. 
Human male genitals 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 masturbation, sexual intercourse or deviate sexual intercourse; or
C. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
No retailer who operates a store, newsstand, booth, concession or similar business, with unimpeded access or an unimpeded view of obscene materials by persons under 18 years of age, or is in the business of making sales of periodicals or other publications at retail, shall display or permit to be displayed at its business premises any obscene material at a height of less than five feet or without a blinder or other covering placed over the material displayed so as to completely cover any specified anatomical area. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[Amended by Ord. No. 06-03]
Any person who violates this chapter shall be subject to penalties as stated in § 1-5, General penalty. Each day that such obscene materials shall be on display shall be deemed to be a continuing and separate violation.