Borough of South Plainfield, NJ
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2023-12-18
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Part II: General Legislation
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Chapter 305 Obscene Materials
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Administration
- Ch 11 Aging, Office on
- Ch 17 Boards, Committees and Commissions
- Ch 22 Civil Service
- Ch 28 Claims Procedure
- Ch 34 Court
- Ch 41 Ethics, Code of
- Ch 46 Financial Disclosure
- Ch 52 Fire Department
- Ch 54 Fiscal Year
- Ch 71 Officers and Employees
- Ch 73 Payroll
- Ch 78 Personnel Regulations
- Ch 84 Police Department
- Ch 90 Public Works Department
- Ch 96 Salaries and Compensation
- Ch 101 Seal
- Ch 107 Sewerage Authority
- Ch 112 Swimming Pool Utility
- Ch 118 Volunteer Municipal Positions
- Part II: General Legislation
- Ch 125 (Reserved)
- Ch 131 Alarm Systems
- Ch 136 Alcoholic Beverages
- Ch 141 Amusements
- Ch 146 Animals
- Ch 152 Background Checks
- Ch 160 (Reserved)
- Ch 163 Bicycles
- Ch 168 Bingo and Raffles
- Ch 172 Business and Rental Insurance Certificate Registry
- Ch 175 Cannabis Transfer Tax and User Tax
- Ch 181 Charitable Clothing Bins
- Ch 186 Cigarettes and Tobacco Products
- Ch 187 Vehicles and Traffic
- Ch 196 Curfew
- Ch 204 Drug-Free Zones
- Ch 210 Emergency Management
- Ch 216 Fees
- Ch 218 Fiber Optic Cable
- Ch 220 Firearms
- Ch 225 Fire Insurance Claims
- Ch 230 Fire Prevention
- Ch 241 Fireworks
- Ch 247 Floodplain Management
- Ch 259 (Reserved)
- Ch 265 Hazardous Materials Cleanup
- Ch 272 Junkyards
- Ch 278 Laundromats
- Ch 283 Library
- Ch 288 Littering and Handbills
- Ch 293 Locksmiths
- Ch 296 Motels and Hotels
- Ch 300 Noise
- Ch 305 Obscene Materials
- § 305-1 Purpose.
- § 305-2 Definitions.
- § 305-3 Presumptive evidence of violation.
- § 305-4 Prohibited acts.
- § 305-5 Violations and penalties.
- § 305-6 Presumption of constitutionality.
- Ch 311 (Reserved)
- Ch 317 Parks and Recreation Areas
- Ch 322 Peace and Good Order
- Ch 327 Peddling and Soliciting
- Ch 332 Planting, Growing and Containment of Bamboo
- Ch 333 Property Maintenance
- Ch 334 Property, Residential
- Ch 335 Property, Unsafe
- Ch 342 Sales, Special
- Ch 347 School Enrollment
- Ch 350 Senior Center Rental
- Ch 352 Sewers
- Ch 357 Shopping Carts
- Ch 362 Shopping Mall Security
- Ch 367 Skateboards
- Ch 373 Smoking
- Ch 383 Soil Moving
- Ch 389 Solid Waste
- Ch 394 Spray Paint Sales and Use
- Ch 399 Stormwater Control
- Ch 403 Stormwater Management
- Ch 409 Streets and Sidewalks
- Ch 415 Swimming Pools
- Ch 421 Taxation
- Ch 426 Taxicabs and Limousines
- Ch 434 Towing
- Ch 439 Trailers and Storage Containers
- Ch 444 Trees
- Ch 449 Utility Poles and Underground Facilities
- Ch 455 (Reserved)
- Ch 457 Vehicles, Sale of
- Ch 462 Vending Machines
- Ch 467 Wetlands
- Appendix
- Ch A470 Cable Television Franchise
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
- Land Use and Development
- Ch 500 General Provisions
- Ch 504 Affordable Housing
- Ch 507 Buildings, Unsafe
- Ch 510 Construction Codes, Uniform
- Ch 515 Development Review
- Ch 519 Escrow Accounts for Professional Services
- Ch 531 Redevelopment Plans
- Ch 540 Zoning
- Land Use Disposition List
- Ch LDL Disposition List
[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 5-25-1989 by Ord. No. 1153 (Ch.
137 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 322.
The purposes of this chapter shall include the
regulation of the display of certain obscene materials which are offered
for retail sales and distribution in such a manner so as to prevent
their casual observance by persons under 18 years of age.
For the purpose of this chapter, the following
definitions shall apply:
Having knowledge of the character and content of the material
or having failed to exercise reasonable inspection of the material
which would disclose its character and content.
Any description, narrative account, display or depiction
of a specific anatomical area or sexual activity 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.
Retail display of the material at a height of less than five
feet or without a covering over the front of the material.
Any person who operates a store, newsstand, booth, concession
or other similar business with unimpeded access to persons under the
age of 18 and who is in the business of making sales of periodicals
or other publications at retail containing pictures, drawings or photographs.
As defined in N.J.S.A. 2C:34-3, and it is intended that such
terms shall have those statutory-defined meanings for purposes of
construction of this chapter.
The public display of the obscene material,
as defined herein, shall constitute presumptive evidence that the
retailer knowingly made or permitted the display.
It shall be a petty disorderly persons offense
for a retailer to display or permit to be displayed any obscene material
at a height less than five feet or without a covering placed over
the front of said material displayed.
Any person who violates the provisions of § 305-4 shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 30 days, or both, for each violation that said is found guilty under this chapter.
In the event that this chapter requires judicial
construction or interpretation to avoid unconstitutionality by severing
or adding or interpreting words or phrases, the Council 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.
