Borough of Red Bank, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 3-7.1 and 3-7.2 of the 1987 Revised General Ordinances]

§ 463-1 Unlawful to sell, exhibit, or give away.

It shall be unlawful and an offense for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away, or in any way furnish or attempt to furnish to any person any illustrated comic book, magazine or other publication which contains anything of an obscene nature or which, read as a whole, is of an obscene nature.

§ 463-2 Selling or giving away certain publications to minors prohibited.

It shall be unlawful and an offense for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away, or in any way furnish or attempt to furnish to any child under the age of 18 years, any comic book, magazine or other publication which contains anything of an obscene nature or which, read as a whole, is concerned with an account of crime and which depicts, by the use of drawings or pictures, the following crime as defined in the Revised Statutes of the State of New Jersey:
A. 
Administering poisonous and injurious potions.
B. 
Atrocious assault and battery.
C. 
Arson and other willful burning.
D. 
Assault and 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 kill.
I. 
Burglary.
J. 
False imprisonment.
K. 
Kidnapping and abduction.
L. 
Maiming or disfiguring.
M. 
Malicious mischief.
N. 
Mob violence.
O. 
Murder.
P. 
Rape.
Q. 
Robbery.
R. 
Theft.
S. 
Threatening or attempting to kidnap.
T. 
Conspiracy to commit any of the foregoing offenses.
[Adopted by Ord. No. 2004-46 (Secs. 3-7.3 through 3-7.5 of the 1987 Revised General Ordinances)]

§ 463-3 Display of obscene material by retailer.

It is unlawful and an offense for a retailer to display or permit to be displayed at his business premises any obscene material as defined in N.J.S.A. 2C:34-3, or § 463-5 of this article, 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.

§ 463-4 Presumption of knowledge.

The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 463-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:
A. 
Having knowledge of the character and content of the material or film described herein; or
B. 
Having failed to exercise reasonable inspection which would disclose its character or content.
OBSCENE MATERIAL
Any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity 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, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
A. 
Less than completely or opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human genitals in a discernibly turgid state, even if covered.
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or
C. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.