[HISTORY: Adopted by the Township Council of the Township of Livingston 11-5-1979 as §§ 18-1 and 18-56 to 18-59 of the 1979 Revised General Ordinances. Amendments noted where applicable.]
It is the object and purpose of this chapter to regulate the publication, sale, display and distribution to minors of comic books devoted to crime, sex, horror, terror, brutality and violence, and of "pocket books," photographs, pamphlets, newspapers magazines and pornographic films devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity and immorality, the reading of which has been found to be a basic factor in juvenile crime and a basic factor in impairing the ethical and moral development of our youth, and which present a clear and present danger to the people of the community, and therefore the provisions, hereinafter prescribed, are necessary in the public interest and welfare.
No person shall sell, offer to sell, lend, give away, furnish, show, display or advertise for sale, or distribute commercially, to any minor under the age of 18 years, or have in his possession with the intent to sell, offer to sell, lend, give away, furnish, show, display or advertise for sale, or distribute commercially, to any minor under the age of 18 years:
Any book, pamphlet, newspaper, magazine or publication consisting of narrative material in pictorial form, colored or uncolored, and commonly known as comic books, the title or titles of which contain the words crime, sex, horror or terror, or the content of which is devoted to, or is principally made up of, pictures or accounts of methods of crime, of illicit sex, horror, terror, physical torture, brutality or physical violence; or
Any pornographic motion picture, or any still picture or photograph, or any book, "pocket book," pamphlet, newspaper, magazine, or other publication the cover or content of which exploits, is devoted to, or is principally made up of description of, illicit sex or sexual immorality, or which is obscene, lewd, lascivious, filthy, indecent or disgusting, or which consists of pictures of nude or partially nude figures posed or presented in a manner to provoke, incite or arouse lust or passion, or to exploit sex, lust or perversion or is "material obscene for persons under 18" as defined by N.J.S.A. 2C:34-3.
If any publication hereby prohibited shall be exhibited or displayed in any newsstand, bookstore, drugstore, market, or other mercantile establishment where the same may be seen by any minor under the age of 18 years visiting such establishment, such exhibition or display shall be prima facie evidence that the owner or person in charge of such establishment was then and there exhibiting or displaying the same with intent to sell, offer for sale or furnish such prohibited publication to a minor or minors under the age of 18 years in violation of this chapter, but it shall be competent for such owner or other person in charge of such establishment, in any prosecution hereunder, to show that no such intent existed.
This chapter shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, to such drawings or photographs as are used to illustrate such accounts, to legitimate illustrated, historical accounts of crime or crimes, or to those books and publications which are generally known as the "classics" or "classic literature."
Unless another penalty is expressly provided herein, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.