[HISTORY: Adopted by the Mayor and Council of the Borough
of Haddon Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-15-2008 by Ord. No. 1266; amended in its entirety 9-1-2009 by Ord. No.
1316]
The purpose of this article is to regulate the retail display
of obscene material, as defined by N.J.S.A. 2C:34-3.
As used in this article, the following term shall have the meaning
indicated:
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 or photographs.
It shall be unlawful and a petty disorderly persons offense
for any retailer to display or permit to be displayed at his business
premises any obscene material, as defined in N.J.S.A. 2C:34-3, at
a height of less than five feet or without a binder or other covering
placed or printed on the front of the material displayed.
The public display in and of itself of the obscene material
shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
A.
Any violation of this article shall subject the violator to a fine
of up to $500 and/or a period of community service not exceeding 90
days.
B.
Every day, or portion of a day, that the provisions of this article
are violated by any person, as defined herein, shall be a separate
and distinct violation.
