The City Council hereby finds and declares that:
A. 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.
B. 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.
C. 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.
D. 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]
A. 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."
B. An "enclosed or segregated area" for the purpose of this
chapter shall mean the following:
(1) A room with a door which can be opened and closed.
(2) A section of a room enclosed with curtains, drapes or
some other materials which can be opened and closed.
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:
A. Administering poisonous and injurious potions.
C. Arson and other willful burning.
D. Assault in attempting burglary.
E. Assault to maim or disfigure.
F. Assault with intent to commit rape.
G. Assault with intent to commit robbery.
H. Assault with intent to murder.
K. Kidnapping and abduction.
R. 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.