[Adopted 7-20-1988 by Ord. No. 1815]
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WHEREAS Bill 1254 recently enacted provides for the right of a municipality
to enact an ordinance prohibiting the retail display of obscene material unless
displayed in a certain manner; and
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WHEREAS the Town of West New York is desirous of adopting such an ordinance.
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Now, therefore, be it ordained by the governing body of the Town of
West New York as follows:
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As used in this article, the following terms shall have the meanings
indicated:
Any description, narrative account, display or depiction of sexual
activity or anatomical areas contained in, or consisting of, a picture or
other representation, publication, sound recording, live performance or film,
which, by means of posing, composition, format or animated sensual details:
Depicts or describes in patently offensive way ultimate sexual act,
normal or perverted, actual or simulated, masturbation, excretory functions
or lewd exhibitions of the genitals;
Lacks serious literacy, artistic, political or scientific value, when
taken as a whole; and
Is a part of a work which, to the average persons applying contemporary
community standards, has a dominant theme, taken as a whole, which appeals
to the prurient interest.
Any person who operates a store, newsstand, booth, concession or
similar business with unimpeded access for persons under 18 years old, who
is in the business of making sales of periodicals or other publications at
retail containing pictures, drawing or photographs.
No retailer shall display any obscene material at a height of less than
five feet or without a covering over the front of the material. Public display
of obscene material constitutes presumptive evidence that the retailer knowingly
made or permitted the display.
Any person found guilty of violating this Article shall be fined up
to $1,000, imprisoned for up to 30 days, or both.
