[HISTORY: Adopted by the Township Committee of the Township of Hamilton 9-5-1989 by Ord. No. 1007-89. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Having knowledge of the character and content of the material described herein; or having failed to reasonably exercise reasonable inspection which would disclose its character and content.
- OBSCENE MATERIAL
- Any description, narrative account, display or 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.
- 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 and photographs.
- SPECIFIED ANATOMICAL AREA
- 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 human male genitals in a discernibly turgid state, even if covered.
- SPECIFIED SEXUAL ACTIVITY
- Human genitals in a state of sexual stimulation or arousal; or any act of human masturbation, sexual intercourse or deviate sexual intercourse; or fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
It shall be a petty disorderly persons offense for a retailer to knowingly display or permit to be displayed at his business premises any obscene material, as defined herein:
The restrictions contained in this section shall not apply, however, in the event that said material is located at a controlled access point behind which the public at large can neither observe nor have access to the material.
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any retailer who violates § 220-2 commits a petty disorderly persons offense and shall be subject to a fine not to exceed $1,000, imprisonment for a term not exceeding 30 days, or both, for each and every violation.
In the event that this chapter requires judicial construction or interpretation to avoid unconstitutionality by severing or adding or interpreting words or phrases, the Committee hereby declares its intent and desire that such judicial construction or interpretation be exercised by a court of competent jurisdiction so as to render this chapter constitutional.