[Adopted 7-20-1988 by Ord. No. 1815]
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
WHEREAS the Town of West New York is desirous of adopting such an ordinance.
Now, therefore, be it ordained by the governing body of the Town of West New York as follows:
As used in this article, the following terms shall have the meanings indicated:
OBSCENE MATERIAL
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:
A. 
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;
B. 
Lacks serious literacy, artistic, political or scientific value, when taken as a whole; and
C. 
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.
RETAILER
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.