[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.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- 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]
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.
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.
[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.
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.
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.
[Amended 11-10-1980 by Ord. No. 15-1980; 11-14-1988 by Ord. No. 29-1988]
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.