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.
OBSCENE MATERIALS AND ACTS
A.
FILMS and MOVING PICTURESA 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.
PHOTOGRAPHS, PAINTINGS and ILLUSTRATIONSA 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.
BOOKS and MAGAZINESA 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.
OBJECTSAn 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.
ACTSAn 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.
[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.