Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 3-15 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A. 
Having knowledge of the character and content of the material described herein.
B. 
Having failed to exercise reasonable inspection which would disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER 18 YEARS OF AGE
Any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity 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, emits sensuality with sufficient impact to concentrate prurient interest on the area of activity.
RETAILER
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years of age, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings and photographs.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if covered.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse.
C. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
Offense. It shall be a petty disorderly persons offense for a retailer to knowingly display or permit to be displayed at his/her business premises any obscene material, as defined herein, at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any retailer who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III, for each and every violation.