Township of Galloway, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Galloway 9-15-1980 by Ord. No. 638. Amendments noted where applicable.]
The commercial distribution or commercial display of obscene materials or acts to anyone, particularly minors and including consenting adults, is hereby prohibited.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL DISPLAY
The exhibition of obscene material, which is obscene to the senses of another person, for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another. Where obscene material is exhibited incident to another commercial transaction, it is a "commercial display," whether or not the parties state that the valuable consideration is paid in part for the obscene exhibit.
COMMERCIAL DISTRIBUTION
Any transfer of possession, whether temporary or permanent for any valuable consideration, whether the valuable consideration is paid by the recipient of the obscene material or by another. Where obscene material is transferred incident to another commercial transaction, it is a "commercial distribution," whether or not the parties state that the valuable consideration is paid in part for the obscene material.
A. 
A film or moving picture is obscene if, when considered as a whole, its calculated purpose or dominant effect is:
(1) 
Substantially to arouse sexual desires, whether natural or unnatural, and if the probability of this effect is so great as to outweigh whatever other merits the film may possess.
(2) 
To portray acts of sexual immorality or lewdness as profitable, desirable, acceptable or proper behavior.
(3) 
To advocate the illegal use of narcotics or habit-forming drugs.
B. 
A photograph, painting or illustration is obscene if it portrays human sexual intercourse, homosexual acts, sadistic sexual acts, sexual acts between man and beast or human sexual organs. (Breasts shall not be considered sexual organs for the purpose of this subsection.) Notwithstanding the foregoing, a photograph, painting or illustration which portrays human sexual organs is not obscene if it is part of a medical textbook, or it is a work of art, the original or a copy of which has been displayed by a museum receiving public funds, or, if by a less-renowned artist, the subject of which is the human body as a whole without particular emphasis on its sexual parts and, if considered as a whole, its calculated purpose or dominant effect is not substantially to arouse sexual desires, whether natural or unnatural, so as to outweigh whatever other merits it may possess.
C. 
A book or magazine containing photographs, paintings or illustrations of the type defined as obscene in Subsection B above is obscene if, considered as a whole, its calculated purpose or dominant effect is substantially to arouse sexual desires, whether natural or unnatural, and if the probability of this effect is so great so as to outweigh whatever other merits it may possess. A book or magazine containing no photographs, paintings or illustrations shall not be considered obscene for purposes of this chapter.
D. 
An object is obscene if it is by itself a recognizable reproduction of a sexual organ, including breasts, or if some part of it consists of a recognizable reproduction of sexual organs substantially exaggerated in size or appearance.
E. 
An act is obscene if it involves the naked display of sexual organs, including breasts, or if it is explicitly suggestive of sexual acts or if it involves sexual acts.
A. 
Any person desiring to make a commercial distribution or commercial display of obscene materials and/or acts, as hereinabove defined, or which he has reason to believe may be obscene shall first submit it for inspection by the Review Committee, consisting of the Mayor, a consenting elected or appointed officer of the Township of Galloway and a consenting resident of said township who is registered to vote therein, the latter two to be appointed by and serve at the pleasure of the Municipal Council without compensation, which Review Committee shall act by a majority of the members thereof. There shall also be appointed an alternate member of Review Committee who shall be a consenting resident of the township who is registered to vote therein and who shall serve at the pleasure of the Municipal Council without compensation. The alternate member shall sit in on all Committee meetings but shall only be a voting member in the event that one of the regular members is not present.
[Amended 5-18-1982 by Ord. No. 696]
B. 
The applicant shall give the Review Committee written notice of his intention to submit any obscene materials and/or acts or potentially obscene materials and/or acts for inspection. Said notice shall be delivered to the Review Committee or to the Municipal Clerk and shall contain the applicant's name, address within the municipality and telephone number where he can be reached during normal business hours. Within 48 hours (Saturdays, Sundays and holidays excepted) of receipt of said notice, the Review Committee shall make itself available to said applicant during normal business hours for the purpose of inspecting and/or reviewing the obscene materials and/or acts and/or potentially obscene materials and/or acts. The Review Committee shall notify the applicant of the appointed time, either by telephone or by written notice left at the address within the municipality stated by the applicant, when said review shall take place. (The failure of the applicant to cooperate in any way in arranging a time for inspection within said forty-eight-hour period shall not relieve said applicant of the duty to submit the materials for inspection as soon thereafter as possible and prior to any commercial distribution or commercial display.) The applicant shall bring said obscene materials and/or acts and/or potentially obscene materials and/or acts, together with any necessary projector, screen, operating personnel and/or other required paraphernalia, to the Review Committee or Municipal Clerk at the Township Hall for the Township of Galloway, whereupon the applicant shall demonstrate and/or otherwise permit inspection of said obscene materials and/or acts and/or potentially obscene materials and/or acts by the Review Committee. Within 72 hours (Saturdays, Sundays and holidays excepted) of the determination of said inspection, the Review Committee shall either inform the applicant in writing of its disapproval or approval of the materials and/or acts inspected and that it may or may not be commercially distributed or commercially displayed without fear of prosecution under this chapter or that the municipality will seek to have the same enjoined, if necessary, because of its obscene character, whichever shall be the decision of the Review Committee.
C. 
It shall be a violation of this section to make commercial distribution or commercial display of any material submitted for inspection, as hereinabove set forth, prior to the expiration of said seventy-two-hour period. Nothing contained herein shall prevent the applicant from making commercial distribution or commercial display of said materials and/or acts after the end of said seventy-two-hour period, subject to any judicial restraints imposed and subject further to any penalties set forth hereafter in this chapter should said materials and/or acts ultimately be adjudged obscene by a court of law.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Anyone having violated any section of this chapter shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days. Each separate film, moving picture, photograph, painting, illustration, book, magazine, object and/or act (and each issue of them) which is commercially distributed or commercially displayed in violation of this chapter shall constitute a separate offense under this chapter. Each separate commercial distribution or commercial display, whether to different persons or to the same person, in violation of this chapter, shall constitute a separate defense under this chapter.
Notwithstanding any other section, clause or provision of this chapter to the contrary, the definitions of "obscene" and "obscenity," for all purposes of interpretation and enforcement of this chapter, shall be construed in accordance with and in no event more strictly than the criteria set forth by the state statutes and/or case law of the State of New Jersey, effective as of the date of the passage of this chapter, as the same may from time to time be amended and supplemented, as well in accordance and not more strictly construed than judicial interpretations thereof pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions having general application.