[HISTORY: Adopted by the Township Committee of the Township
of Riverside 7-26-1967 by Ord. No. 1967-13 (Ch. 191 of the 1995
Code). Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory. The
word "person" shall mean any person, firm, partnership, association,
corporation, company or organization of any kind.
It shall be unlawful and a violation of this chapter for any
person to sell, offer for sale, attempt to sell, exhibit, give away,
keep in his possession with intent to sell or give away or in any
way furnish or attempt to furnish to any person any illustrated comic
book, magazine or other publication which, read as a whole, is of
an obscene nature.
It shall be unlawful and a violation of this chapter for any
person to sell, offer for sale, attempt to sell, exhibit, give away,
keep in his possession with intent to sell or give away or in any
way furnish or attempt to furnish to any child under the age of 18
years any comic book, magazine or other publication of like nature
which, read as a whole, is concerned with an account of crime and
which depicts, by the use of drawings, the following crimes as the
same may be defined in the Revised Statutes of the State of New Jersey:
A.
Administering poisonous and injurious potions.
B.
Atrocious assault and battery.
C.
Arson and other willful burning.
D.
Assault in attempting burglary.
E.
Assault to maim or disfigure.
F.
Assault with intent to commit rape.
G.
Assault with intent to commit robbery.
H.
Assault with intent to kill.
I.
Burglary.
J.
False imprisonment.
K.
Kidnapping and abduction.
L.
Maiming or disfiguring.
M.
Malicious mischief.
N.
Mob violence.
O.
Murder.
P.
Rape.
Q.
Robbery.
R.
Theft.
S.
Threatening or attempting to kidnap.
T.
Conspiracy to commit any of the foregoing offenses.
It is the intent of this chapter to include publications where
the text is not prominently featured, but rather is incidental to
the picture, being usually in inserts or balloons that indicate the
words spoken by the characters.
This chapter shall not be construed to apply to those accounts
of crime which are part of the ordinary and general dissemination
of news, nor to such drawings and photographs as are used to illustrate
such accounts.
This chapter shall not be construed to apply to legitimate illustrated
historical accounts of crime or crimes.
If any publication prohibited hereunder shall be displayed in
any newsstand, bookstore, drugstore, market or other mercantile establishment
where said prohibited publication may be seen by any child under the
age of 18 years visiting such establishment, such display shall be
prima facie evidence that the person in charge of such establishment
was then exhibiting the crime comic book or other prohibited publication
and intended to sell, offer for sale, furnish or attempt to furnish
such prohibited publication to a child or children under the age of
18 years in violation of this chapter, but it shall be competent for
the defendant in any such case to show that no such intention existed.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18]
