[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach by Ord. No. 1996-26 (Sec. 4-30 of the 1974 Code). Amendments noted where applicable.]
Public nuisances — See Ch. 314.
It shall be unlawful to keep or display in any public place where minors may view, come into contact with, or be exposed to viewing any publication, printed or written material or picture or any other representation which contains any explicit sexual material or morally indecent or obscene material or publication.
As used in this chapter, the following terms shall have the meanings indicated:
- EXPLICIT SEXUAL MATERIAL
- Any pictorial or three-dimensional material depicting human sexual intercourse, masturbation, bestiality, oral intercourse, anal intercourse, direct physical stimulation of unclothed genitals, flagellation, or torture in the context of a sexual relationship or human genitals, nudity, sexual conduct, or sadomasochistic abuse.
- Any material or performance for which, if considered as a whole:
- A. Its predominant appeal is to the prurient, shameful, or morbid interest in nudity, sex, excretion, sadism, or masochism; and
- B. It is patently offensive because it affronts contemporary community standards in describing or representing such matters; and
- C. Which taken as a whole, lacks serious literary, artistic, political, or scientific value.
Any person who shall be found guilty of violating this chapter may be subject to a minimum fine of $100 and to a maximum penalty as set forth in Chapter 1, Article II, General Penalty. Each day or occasion that shall be in violation of this chapter shall be considered as a separate and distinct violation thereof.