As used in this chapter, the following terms
shall have the meanings indicated:
CITY
The City of East Orange, a municipal corporation of the State
of New Jersey.
[Added 11-14-1988 by Ord. No. 29-1988]
OBSCENE MATERIAL
Any description, narrative account, display or depiction
of a specified anatomical area of 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.
[Added 11-14-1988 by Ord. No. 29-1988]
PUBLISHED MATERIAL or ARTICLE
Any newspaper, paper, periodical, book, magazine, handbill,
circular, card, pamphlet, sample merchandise or advertising or promotional
article.
RETAILER
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
of age and who is in the business of making sales of periodicals or
other publications at retail, containing pictures, drawings or photographs.
[Added 11-14-1988 by Ord. No. 29-1988]
No person shall distribute or cause to be distributed
or left on the premises, either within or without any dwelling, any
published material or article without first obtaining a license to
do so from the City Clerk, provided that such license shall not be
required when the person in actual occupation of the house or premises
to which any of the aforementioned published material or article shall
be distributed or placed has previously requested or ordered the same;
provided, further, that no license shall be required for the distribution
of religious or political literature or notices.
No distribution, whether pursuant to a license
or otherwise permitted hereunder, shall be made between the hours
of 6:00 p.m. and 7:00 a.m., except for newspapers distributed pursuant
to subscriptions, nor shall any such distribution, except for newspapers
upon subscription, be made on Sunday.
[Amended 11-14-1988 by Ord. No. 29-1988]
It shall be unlawful for a retailer to display
or permit to be displayed at his business premises any obscene material
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. The public
display of obscene material shall constitute presumptive evidence
that the retailer knowingly made or permitted the display.
No person shall distribute or cause to be distributed
on any street or public place of the City any published material or
article in such a manner as to molest, interfere with or annoy the
public in the use thereof.
No person shall distribute or cause to be distributed
any newspaper, paper, periodical, book, magazine, handbill, circular,
card or pamphlet in such a manner as to litter any street or other
public place or to interfere with the lawful use thereof by the public.
[Amended 11-10-1980 by Ord. No. 15-1980; 11-14-1988 by Ord. No. 29-1988]
Any person or persons convicted of violating
any provision of this chapter shall be subject to a fine not to exceed
$2,000, imprisonment for a term not to exceed 90 days, and/or 90 days
of community service.