City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 6, Art. IV, Div. 2, of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 156.
Licenses and fees — See Ch. 170.
Littering — Ch. 172.

§ 182-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CITY
The City of East Orange, a municipal corporation of the State of New Jersey.
[Added 11-14-1988 by Ord. No. 29-1988]
OBSCENE MATERIAL
Any description, narrative account, display or depiction of a specified anatomical area of 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.
[Added 11-14-1988 by Ord. No. 29-1988]
PUBLISHED MATERIAL or ARTICLE
Any newspaper, paper, periodical, book, magazine, handbill, circular, card, pamphlet, sample merchandise or advertising or promotional article.
RETAILER
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years of age and who is in the business of making sales of periodicals or other publications at retail, containing pictures, drawings or photographs.
[Added 11-14-1988 by Ord. No. 29-1988]

§ 182-2 License required; exceptions.

No person shall distribute or cause to be distributed or left on the premises, either within or without any dwelling, any published material or article without first obtaining a license to do so from the City Clerk, provided that such license shall not be required when the person in actual occupation of the house or premises to which any of the aforementioned published material or article shall be distributed or placed has previously requested or ordered the same; provided, further, that no license shall be required for the distribution of religious or political literature or notices.

§ 182-3 Hours of distribution; Sunday distribution.

No distribution, whether pursuant to a license or otherwise permitted hereunder, shall be made between the hours of 6:00 p.m. and 7:00 a.m., except for newspapers distributed pursuant to subscriptions, nor shall any such distribution, except for newspapers upon subscription, be made on Sunday.

§ 182-4 Display of obscene material.

[Amended 11-14-1988 by Ord. No. 29-1988]
It shall be unlawful for a retailer to 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 front of the material displayed. The public display of obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 182-5 Interfering with or annoying the public.

No person shall distribute or cause to be distributed on any street or public place of the City any published material or article in such a manner as to molest, interfere with or annoy the public in the use thereof.

§ 182-6 Littering the streets.

No person shall distribute or cause to be distributed any newspaper, paper, periodical, book, magazine, handbill, circular, card or pamphlet in such a manner as to litter any street or other public place or to interfere with the lawful use thereof by the public.

§ 182-7 Violations and penalties.

[Amended 11-10-1980 by Ord. No. 15-1980; 11-14-1988 by Ord. No. 29-1988[1]]
Any person or persons convicted of violating any provision of this chapter shall be subject to a fine not to exceed $2,000, imprisonment for a term not to exceed 90 days, and/or 90 days of community service.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).