Township of Burlington, NJ Article III Retail Display of Obscene Materials

[Adopted10-25-1988 as Sec. 12:12-9 of the 1975 General Ordinances]

§ 100-17 Definitions.

As used in this article, the following terms shall have the meanings indicated:

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, drawings or photographs.

§ 100-18 Display.

A retailer may not display or permit to be displayed at his business premises any obscene material, as defined in N.J.S.A. 2C:34-3, at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.

§ 100-19 Presumption.

Public display of obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 100-20 Violation.

Any retailer who violates this article shall be guilty of a petty disorderly offense.

§ 100-21 Violations and penalties. [1]

A person convicted of violating this article shall be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 100-22 Enforcement.

Enforcement will be done by either the Police Department and/or the Housing Inspector.