City of Northfield, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Northfield 12-4-1973 by Ord. No. 13-1973 (Ch. 85 of the 1974 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

§ 239-1 Display of obscene material by retailer prohibited.

It is the intent of the governing body of the City of Northfield to make it a petty disorderly persons 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, 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. Public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 239-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DISPLAY
To show or make visible.
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 and 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.
RETAILER
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.
SHOW
Cause or allow to be seen.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if covered.
A. 
Human genitals in a state of sexual stimulation or arousal; or
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.

§ 239-3 Violations and penalties.

The penalty for violation of any provision of this article shall be as set forth in Chapter 1, General Provisions, § 1-15. Each separate obscene material which is displayed or permitted to be displayed in violation of this chapter shall constitute a separate offense under this chapter. Each separate display of obscene material in violation of this chapter, whether to different persons or the same persons, shall constitute a separate offense under this chapter.

§ 239-4 Interpretation and enforcement.

Notwithstanding any other section, clause or provision of this chapter to the contrary, the definitions of "obscene" and "obscenity," for all purposes of interpretation and enforcement of this chapter, shall be construed in accordance with and in no event more strictly than the criteria set forth in N.J.S.A. 2C:34-3 et seq., as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions having general application.

§ 239-5 Construction and severability.

Where necessary, this chapter shall be construed in a manner which will render it valid and constitutional. If for any reason any section or any part of a section or provision of this chapter shall be adjudged unconstitutional or invalid, said judgment shall not be held to affect any other sections or any other part of a section or provision of this chapter.