[HISTORY: 1984 Code §§ 104-1—104-8 as
amended through December 31, 2016. Amendments noted where applicable.]
A.
Findings of fact. The city finds that:
(1)
There is great increase in the number and variety of illustrated
comic books, magazines, voice recordings, moving and other films,
photographs, pictures and publications of the type prohibited by this
chapter being offered for sale in the city.
(2)
Many such comic books, magazines, voice recordings, moving and other
films, photographs, pictures and publications are designed and formed
to resemble closely other publications devoted in substance to matters
of humor and published primarily for sale to children, in many instances
being placed for sale side by side with the humorous publications.
(3)
Certain comic books, magazines, moving and other films, photographs,
pictures and publications specified in this chapter deal in substantial
part and with subject matter of an obscene nature tending to deprave
the morals of those into whose hands the publication might fall by
suggesting lewd thoughts and exciting sensual desires.
(4)
Certain of the comic books, magazines, voice recordings, moving and
other films, photographs, pictures and publications specified in this
chapter deal in substantial part with the accounts of crime tending
to incite children below the age of 18 years, being of susceptible
and impressionable character, to commit crimes similar to or identical
with those mentioned in this chapter.
B.
The Council deems this chapter to be necessary and proper for the
good government, order and protection of persons in the city, and
necessary for the preservation of the public safety and welfare of
the city and its inhabitants.
A.
It shall be unlawful 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 or magazine, voice recording,
moving or other film, photograph, picture or other publication which,
read as a whole, is of an obscene nature.
B.
Obscenity shall be defined as set forth in N.J.S.A. 2C:34-2.
C.
It shall be a petty disorderly offense for a retailer to display
or permit to be displayed at his/her business premises any obscene
material as defined in Section 104-2B., at a height of less than five
feet or without a binder or other covering placed or printed on the
front of the material displayed. The public display of the obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display. (New)
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 inserts or "balloons" that indicate the
words spoken by the characters.
This chapter shall not be construed to apply to those accounts
of crime which are part of the ordinary and general dissemination
of news, nor to drawings and photographs used to illustrate such accounts.
This chapter shall not be construed to apply to legitimate,
illustrated, historical accounts of crimes.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$500 or by imprisonment for not more than 90 days, or both.
