The commercial distribution or commercial display
of obscene materials or acts to anyone, including consenting adults,
is hereby prohibited.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL DISPLAY OF OBSCENE MATERIAL
The exhibition of obscene material, as defined hereinbelow,
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 of obscene material
whether or not the parties state that the valuable consideration is
paid in part for the obscene exhibit.
COMMERCIAL DISTRIBUTION OF OBSCENE MATERIAL
Any transfer of possession, whether permanent or temporary,
for any valuable consideration, whether the valuable consideration
is paid by the recipient of the obscene material or by another. Where
obscene material, as defined hereinbelow, is transferred incidental
to another commercial transaction, it is a commercial distribution
of obscene material 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 pictures. A film or moving
picture which portrays or depicts human sexual intercourse, homosexual
acts, sadistic sexual acts, human sexual acts other than sexual intercourse,
sexual acts between man and beast, or human sexual organs, and as
to which the average person, applying contemporary community standards,
finds that the film or moving picture, taken as a whole, appeals to
the prurient interests in sex, and which film or moving picture depicts
or portrays such human sexual intercourse, homosexual acts, sadistic
sexual acts, human sexual acts other than sexual intercourse, sexual
acts between man and beast, or human sexual organs in a patently offensive
manner, and which film or moving picture, taken as a whole, lacks
serious literary, artistic, political or scientific value.
B.
Photographs, paintings or illustrations. A photograph, painting or illustration which portrays human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs, and as to which the average person, applying contemporary community standards, finds that the photographs, paintings or illustrations, taken as a whole, appeal to the prurient interests in sex, and which photographs, paintings or illustrations depict or portray such human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast, or human sexual organs in a patently offensive manner, and which photographs, paintings or illustrations, taken as a whole, lack serious literary, artistic, political or scientific value. Breasts shall not be considered sexual organs for the purpose of this Subsection
B.
C.
Books and magazines. A book or magazine which
contains photographs, paintings or illustrations portraying or depicting
human sexual intercourse, homosexual acts, sadistic sexual acts, human
sexual acts other than sexual intercourse, sexual acts between man
and beast, or human sexual organs, and as to which the average person,
applying contemporary standards, finds that the book or magazine,
taken as a whole, appeals to the prurient interests in sex, and which
book or magazine depicts or portrays such human sexual intercourse,
homosexual acts, sadistic sexual acts, human sexual acts other than
sexual intercourse, sexual acts between man and beast, or human sexual
organs in a patently offensive manner, and which book or magazine,
taken as a whole, lacks serious literary, artistic, political or scientific
value. A book or magazine containing no photographs, paintings or
illustrations shall not be considered obscene for purposes of this
chapter.
D.
Objects. An object which is, by itself, a recognizable
reproduction of a sexual organ (including breasts) or a part of which
consists of a recognizable reproduction of sexual organs substantially
exaggerated in size or appearance; provided, however, that to be obscene,
the average person, applying contemporary community standards, must
find that the object, taken as a whole, appeals to the prurient interests
in sex and the object must depict or portray such human sexual intercourse,
homosexual acts, sadistic sexual acts, human sexual acts other than
sexual intercourse, sexual acts between man and beast, or human sexual
organs in a patently offensive manner, and the object, taken as a
whole, lacks serious literary, artistic, political or scientific value.
E.
Acts. An act which involves, displays or portrays
human sexual intercourse, homosexual acts, sadistic sexual acts, human
sexual acts other than sexual intercourse, sexual acts between man
and beast, or human sexual organs (including breasts), and as to which
the average person, applying contemporary community standards, finds
that the act, taken as a whole, appeals to the prurient interests
in sex, and which act depicts or portrays such human sexual intercourse
or sexual acts in a patently offensive manner, and which act, taken
as a whole, lacks serious literary, artistic, political or scientific
value.
To be liable under this chapter, however, with
respect to a commercial display or commercial distribution of obscene
materials, a seller, vendor or dispenser of books, magazines, printed
matter, objects or films must have knowledge, actual or constructive,
of the obscene nature of the contents of those books, magazines, printed
matter, objects or films.
Any person desiring to make a commercial distribution or commercial display of a film or moving picture which he has reason to believe may be obscene shall first submit it for inspection by the Director of Public Safety. The applicant shall give the Director of Public Safety written notice of his intention to submit any film or moving picture for inspection; said notice shall be delivered to the Director of Public Safety or to the Township Clerk and shall contain the applicant's name, address within the Township and telephone number where he can be reached during business hours. Within 24 hours (Saturdays, Sundays and holidays excepted) of receipt of said notice the Director of Public Safety shall make himself available to said applicant during business hours for the purpose of inspecting the film or moving picture. The Director of Public Safety shall reasonably notify the applicant of the appointed time either by telephone or written notice left at the address within the Township stated by the applicant. The failure of the applicant to cooperate in any way in arranging a time for inspection within said 24 hours shall not relieve said applicant of the duty to submit the film or moving picture for inspection of the Director of Public Safety. Within 72 hours (Saturdays, Sundays and holidays excepted) of the termination of said inspection, the Director of Public Safety shall either inform the applicant, in writing, that the film or moving picture is not obscene and therefore that it may be commercially distributed or commercially displayed without fear of prosecution under this chapter or inform the applicant in writing that the Director of Public Safety has brought suit seeking to have the commercial distribution or commercial display of said film or moving picture enjoined because of its obscene character. It shall be a violation of this section to make commercial distribution or commercial display of any obscene film or moving picture prior to the expiration of said seventy-two-hour period. Nothing herein shall prevent the applicant from making commercial distribution or commercial display of said film or moving picture after the end of said seventy-two-hour period; subject, however, to any judicial restraints imposed. If for any reason the Director of Public Safety is unable or unavailable to perform his functions under this chapter, he may appoint another person or persons in his stead, and such appointment may be made in anticipation of such circumstances. The failure of the Director of Public Safety to perform any of his functions under this section shall not preclude any prosecution under §
275-1 of this chapter.
Where necessary, this chapter shall be construed
in a manner which will render it valid and constitutional. If for
any reason any section or any part of a section or provision of this
chapter shall be adjudged unconstitutional or invalid, said judgment
shall not be held to affect other sections.