[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 11-2-1992 by Ord. No. 092.06. Amendments noted where applicable.]
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 the business of making sales of
periodicals of other publications at retail containing pictures, drawings
or photographs, shall 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 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, a picture or other representation, publication, sound recording,
live performance or film, which, by means of posting, composition,
format, or animated sensual details:
Depict or describe 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 dominant theme, taken
as a whole, which appeals to the prurient interest.
Any person who violates the provision of this
chapter shall be subject to a fine of not less than $100 nor more
than $500, at the discretion of the Municipal Court Judge.
