[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford as indicated in article histories. Amendments noted where applicable.]
Entertainment establishments — See Ch. 141.
[Adopted 1-15-1985 by Ord. No. 84-25]
As used in this article, the following terms shall have the meanings indicated:
- OBSCENE FILM
- Any motion-picture film or preview or trailer to a film, not including newsreels portraying the actual current events or pictorial news of the day, in which a scene, taken by itself:
- A. As it pertains to persons 18 years of age or older, means any description, narrative account, display or depiction of sexual activity or anatomical area 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:
- (1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals.
- (2) Lacks serious literary, artistic, political or scientific value, when taken as a whole.
- (3) Is a part of a work, which to the average person applying contemporary community standard, has a dominant theme, taken as a whole, which appeals to prurient interest.
- B. As it pertains to person under the age of 18 years, 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.
- OBSCENE PARAPHERNALIA
- Any articles, equipment, objects, gadgets or any other items which depict a specified anatomical area or specified sexual activity where the dominant note of the presentation is erotic allurement tending to excite lustful and lecherous desire by emitting sensuality with sufficient impact to concentrate prurient interest on the area or activity or which depict or are utilized for sexual perversions such as exhibitionism, voyeurism, sadism, masochism and nymphomania or any other sexual perversion.
- Any person, firm, partnership, association, corporation, store, company or organization of any kind.
- SPECIFIED ANATOMICAL AREA
- A less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if covered.
It shall be unlawful and a violation of this article for any person having knowledge of the character and content of the material, film or paraphernalia described herein, or having failed to exercise reasonable inspection which would disclose the character and content thereof, to sell, offer for sale, attempt to sell, exhibit, give away, to keep in his possession with intent to sell or give away or, in any way, furnish or attempt to furnish to any person with any publication, film or paraphernalia which, as a whole, is of an obscene nature.
If any obscene material, film or paraphernalia prohibited hereunder shall be displayed in any newsstand, bookstore, drugstore, market or other mercantile establishment where said prohibited material, films or paraphernalia may be seen by any child under the age of 18 years visiting such an establishment, such displays shall be prima facie evidence that the person in charge of such an establishment was then exhibiting the same with knowledge of the content thereof and intended to sell, offer for sale, furnish or attempt to furnish such prohibited material, film or paraphernalia to a child or children under the age of 18 years in violation of this article, but it shall be competent for the defendant in any such case to show that no such intention existed.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.