[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-20-1993 as Ord. No. 1084. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who operates a store, newsstand, booth, concession or
similar business with unimpeded access for persons under eighteen (18) years
of age, who is in the business of making sales of periodicals or other publications
at retail containing pictures, drawings or photographs.
Any description, narrative account, display or depiction of sexual
activity or anatomical area 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:
Depict or describe, in a patently offensive way, ultimate sexual acts,
normal or perverted, actual or simulated, masturbation, excretory functions
or lewd exhibition of the genitals.
Lacks serious literary, artistic, political or scientific value when
taken as a whole.
Is a part of a work which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which appeals
to the prurient interest.
No retailer shall display or permit to be displayed at his business
premises any obscene material at a height of less than five (5) feet or without
a blinder or other covering placed or printed on the material displayed. The
public display of the obscene material shall constitute presumptive evidence
that the retailer knowingly or permitted this display.
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof. Each day
that the violation is permitted to exist shall constitute a separate offense,
and, in addition, the violator shall pay all costs and expenses incurred by
the borough in determining such violation.
