[HISTORY: 1988 Code §§ 125-1—125-6 adopted
as amended through December 31, 2013. Amendments noted where applicable.]
The purpose of this chapter is to regulate, within the confines
of state and federal law, the public display by retailers of obscene
materials, particularly where such materials are likely to be viewed
by minors.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in N.J.S.A. 2C:34-3 obscene material means any
description, narrative account, display or depiction of a specified
anatomical area or specified sexual activity 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, emits sensuality with sufficient
impact to concentrate prurient interest on the area or activity.
[Ord. No. 53-2014]
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.
A.
It shall be a petty disorderly persons offense for a retailer to
display or permit to be displayed at his/her business premises any
obscene material as defined in N.J.S.A. 2C:34-3 at a height of less
than 5 feet or without a blinder or other covering placed or printed
on the front of the material displayed as required by N.J.S.A. 2C:34-3.2.
