[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 157 of the 1984 Code. Amendments noted where applicable.]
The City Council hereby finds and declares that:
There is a great increase in the number and variety of illustrated comic books, magazines and other publications of the type prohibited by this chapter being offered for sale in the city.
Many of such comic books, magazines and publications are designed and formed so as to resemble closely other publications devoted in substance to matters of humor and published primarily for sale to children, in many instances being placed for sale side by side with the humorous publications.
Certain of the comic books, magazines and publications specified in this chapter deal in substantial part with subject matter of an obscene nature tending to deprave the morals of those into whose hands the publication might fall by suggesting lewd thoughts and exciting sensual desires.
Certain of the comic books, magazines and publications specified in this chapter deal in substantial part with accounts of crime tending to incite children below the age of 18 years, being of susceptible and impressionable character, to commit crimes similar to or identical with those prohibited by this chapter.
[Amended 6-16-1993 by Ord. No. A-35-93]
It shall be the solo responsibility and expense of any person or persons who displays, sells or in any other manner distributes obscene publications in the City of Rahway to cause such publications to be located in a segregated and fully enclosed area of the establishment where the obscene publication or publications are distributed by sale or by any other means. All entrances to the segregated or enclosed area or areas shall have a sign affixed to it which states "NO ONE UNDER THE AGE OF EIGHTEEN "18" YEARS OLD SHALL BE PERMITTED IN THIS AREA."
It shall be unlawful for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to utter, expose to view, advertise, sell or give away or in any way furnish or attempt to furnish to any person, including any child under the age of 18 years, any comic book, magazine or other publication which features nudity or seminudity or which, read as a whole, is concerned with an account of crime and which depicts, by the use of drawings any of the following offenses:
Administering poisonous and injurious potions.
Arson and other willful burning.
Assault in attempting burglary.
Assault to maim or disfigure.
Assault with intent to commit rape.
Assault with intent to commit robbery.
Assault with intent to murder.
Kidnapping and abduction.
Maiming and disfiguring.
Conspiracy to commit any of the foregoing offenses.
It is the intent of this chapter to include publications where the text is not prominently featured but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.
This chapter shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news nor to such drawings and photographs as are used to illustrate such accounts.
This chapter shall not be construed to apply to legitimate, illustrated or historical accounts of crime or crimes.
If any publication prohibited hereunder shall be displayed in any newsstand, bookstore, drugstore, market or other mercantile establishment, where said prohibited publication may be seen by any child under the age of 18 years visiting such establishment, such display shall be prima facie evidence that the person in charge of such crime comic book or other prohibited publication had intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of 18 years in violation of this chapter; provided, however, that it shall be competent for the defendant in any such case to show that no such intention existed.
It shall be unlawful for any person or employee engaged in the business of distributing goods, wares, publications or other articles of any kind whatsoever to retail dealers to refuse to furnish to any retail dealer such quantity of goods, wares, publications or other articles sought to be purchased by said retail dealer because said retail dealer refuses to purchase or accept delivery of lewd, lascivious or obscene publications or material.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term 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.
If more than one publication prohibited hereunder shall be offered, exhibited, kept or displayed in violation of this chapter at the same location by the same person, the offer, exhibiting, keeping or display of each separate prohibited publication shall constitute a separate offense and shall be punished as such hereunder. If two or more publications prohibited hereunder are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder.