[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 3-23-1993 by Ord. No. 11-93 (Ch. 90A of the 1974
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See
Ch. 289.
No person who operates a store, newsstand, booth,
concession or similar business with unimpeded access for persons under
18 years of age or who is in business of making sales of periodicals
or other publications at retail containing pictures, drawings or photographs
shall display or permit to be displayed at his business premises any
obscene material as defined in N.J.S.A. 2C:34-3 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 the
obscene material shall constitute presumptive evidence that the retailer
knowingly made or permitted this display.
As used in this chapter, the following terms
shall have the meanings indicated:
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:
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.
Lacks serious literary, artistic, political
or scientific value when taken as a whole.
Is a part of a work, which, to the average person
applying contemporary community standards, has a dominant theme which,
taken as a whole, appeals to the prurient interest.
[Amended 6-25-2002 by Ord. No. 14-2002; 3-28-2006 by Ord. No. 07-2006]
Any person who violates any of the provisions
of this chapter, shall upon conviction, be punished by a fine not
to exceed $2,000 for each offense or by imprisonment for a term not
to exceed 90 days, or a requirement of community service not to exceed
90 days. A separate offense shall be deemed committed on the day on
which a violation occurs and each day the violation continues to occur.
