[HISTORY: Adopted by the Township Committee of the Township
of Delaware by Ord. No. 1983-1 (Sec. 3-4 of the 1985 Revised General Ordinances). Amendments
noted where applicable.]
A.Â
The purpose of this chapter is to control and regulate the distribution,
sale, circulation and exposure of movie film, movie tapes, videocassettes,
magazines, pictures, drawings, photographs and other publications
devoted to the presentation and exploitation of sexual acts, normal
or perverted, lust, passion, depravity, nudity, immorality, and the
distribution and sale of devices, implements and other materials designated
to sexually stimulate.
B.Â
It is further declared that the operation of any establishment, public
or private, devoted to the purposes described in the preceding subsection
or any similar type of business is a matter of public concern and
the provisions hereinafter described are enacted and their necessity
in the public interest is hereby declared as a matter of legislative
determination.
As used in this chapter, the following terms shall have the
meaning indicated:
Any business or business operation which sells, distributes
or otherwise conveys any obscene materials described in this subsection
definition of "obscene."
That which to the average person, applying contemporary community
standards, when considered as a whole, has as its dominant theme or
purpose, an appeal to the prurient picture, drawing, photograph, or
other publication, and any mechanical or electronic gadget, implement
or device designed to sexually stimulate shall be obscene within the
meaning of this chapter, if it is established that:
The dominant theme of the material taken as a whole appeals
to the prurient interest;
The material is patently offensive because it affronts contemporary
community standards, relating to the description or representation
of sexual matters; and
The material is utterly without redeeming social value, or the
work taken as a whole lacks serious artistic, literary, political
or scientific value.
Any individual, firm, corporation, partnership or any other
type or form of business which may be conducted in this state.
B.Â
A violation of § 100-3 shall also be grounds for revocation of any license or certificate of occupancy issued by the Township of Delaware on the premises.
C.Â
Every day that the provisions of this chapter are violated by any
person as defined herein shall be a separate and distinct violation
of this chapter.