[1997 Code § 244-1]
The commercial distribution or commercial display of obscene
materials or acts to anyone, including consenting adults, is hereby
prohibited.
[1997 Code § 244-2]
As used in this chapter, the following terms shall have the
meanings indicated:
The exhibition of obscene material to the senses of another
person for valuable consideration, whether the valuable consideration
is paid by the recipient of the exhibition or by another. Where obscene
material is exhibited incident to another commercial transaction,
it is a commercial display, whether or not the parties state that
the valuable consideration is paid in part for the obscene exhibit.
Any transfer or possession, whether permanent or temporary,
for any valuable consideration, whether the valuable consideration
is paid by the recipient of the obscene material or by another. Where
obscene material is transferred incident to another commercial transaction,
it is a commercial distribution, whether or not the parties state
that the valuable consideration is paid in part for the obscene material.
Films and moving pictures. A film or moving picture is obscene
if, when considered as a whole, its calculated purpose or dominant
effect is:
Substantially to arouse sexual desires, whether natural or unnatural,
and if the probability of this effect is so great as to outweigh whatever
other merits the film may possess.
To portray acts of sexual immorality or lewdness as profitable,
desirable, acceptable or proper behavior.
To advocate the illegal use of narcotics or habit-forming drugs.
Photographs, paintings and illustrations. A photograph, painting
or illustration is obscene if it portrays human sexual intercourse,
homosexual acts, sadistic sexual acts, sexual acts between man and
beast or human sexual organs. (Breasts shall not be considered sexual
organs for the purpose of this subsection.) Notwithstanding the foregoing,
a photograph, painting or illustration which portrays human sexual
organs is not obscene if it is a part of a medical textbook, if it
is a work of art, the original or a copy of which has been displayed
by a museum receiving public funds, or (if by a less-renowned artist)
the subject of which is the human body as a whole without particular
emphasis on its sexual parts and, if considered as a whole, its calculated
purpose or dominant effect is not to substantially arouse sexual desires,
whether natural or unnatural, so as to outweigh whatever other merits
it may possess.
Books and magazines. A book or magazine containing photographs,
paintings or illustrations of the type defined as obscene in paragraph
B. is obscene if, considered as a whole, its calculated purpose or
dominant effect is substantially to arouse sexual desires, whether
natural or unnatural, and if the probability of this effect is so
great as to outweigh whatever other merits it may possess. A book
or magazine containing no photographs, paintings or illustrations
shall not be considered obscene for purposes of this chapter.
Objects. An object is obscene if it is by itself a recognizable
reproduction of a sexual organ (including breasts) or if some part
of it consists of a recognizable reproduction of sexual organs substantially
exaggerated in size or appearance.
Acts. An act is obscene if it involves the naked display of
sexual organs (including breasts) or if it is explicitly suggestive
of sexual acts or if it involves sexual acts.
[1997 Code § 224-3]
A.
Any person desiring to make commercial distribution or commercial
display of a film or moving picture which he has reason to believe
may be obscene shall first submit it for inspection by the Review
Committee, consisting of the Mayor, a consenting elected or appointed
officer of the City of Absecon City and a consenting resident of said
city who is registered to vote therein, the latter two to be appointed
by and to serve at the pleasure of said Mayor without compensation,
which Review Committee shall act by a majority of the members thereof.
B.
The applicant shall give the Review Committee written notice of his
intention to submit any film or moving picture for inspection. Said
notice shall be delivered to the Review Committee or to the City Clerk
and shall contain the applicant's name, address within the City
and telephone number where he can be reached during business hours.
Within 24 hours (Saturdays, Sundays and holidays excepted) of receipt
of said notice, the Review Committee shall make itself available to
said applicant during business hours for the purpose of inspecting
the film or moving picture. The Review Committee shall reasonably
notify the applicant of the appointed time either by telephone or
by written notice left at the address within the City stated by the
applicant. (The failure of the applicant to cooperate in any way in
arranging a time for inspection within said 24 hours shall not relieve
said applicant of the duty to submit the film or moving picture for
inspection as soon thereafter as possible and prior to any commercial
distribution or commercial display.) The applicant shall bring the
film or moving picture, together with any necessary projector, screen
and operating personnel, to the Review Committee or City Clerk at
the City Hall of the City of Absecon City, whereupon the applicant
shall show the film or moving picture for the inspection of the Review
Committee. Within 72 hours (Saturdays, Sundays and holidays excepted)
of the termination of said inspection, the Review Committee shall
either inform the applicant, in writing, that the film or moving picture
is not obscene and therefore that it may be distributed or commercially
displayed without fear of prosecution under this chapter or inform
the applicant, in writing, that the commercial distribution or commercial
display of said film or moving picture has been refused and that the
City will seek to have the same enjoined if necessary because of its
obscene character.
C.
It shall be a violation of this section to make commercial distribution or commercial display of any obscene film or moving picture prior to the expiration of said seventy-two-hour period. Nothing herein shall prevent the applicant from making commercial distribution or commercial display of said film or moving picture after the end of said seventy-two-hour period, subject to any judicial restraints imposed, and further subject to any penalties under Section 244-4 of this chapter should said film or moving picture ultimately be adjudged obscene by a court of law.
[1997 Code § 244-4]
Anyone having violated section 244-1 of this chapter shall be subject to imprisonment in the County jail for a period not exceeding 90 days or to a fine not exceeding $500, or both. Anyone having violated § 244-3 of this chapter and the film or moving picture having been adjudged obscene in a court of law in the same or separate proceeding, shall be subject to a separate penalty of imprisonment in the County jail for a period not exceeding 90 days or a fine not exceeding $500, or both. Each separate moving picture, photograph, painting, illustration, book, magazine, object or act (and each issue of them) which is commercially distributed or commercially displayed shall constitute a separate offense under this chapter. Each separate commercial distribution or commercial display, whether to different persons or to the same person, shall constitute a separate offense under this chapter.
[1997 Code § 244-5]
Notwithstanding any other section, clause or provision of this
chapter to the contrary, the definitions of "obscene" and "obscenity,"
for all purposes of interpretation and enforcement of this chapter,
shall be construed in accordance with and in no event more strictly
than the criteria set forth in N.J.S.A. 2C:34-2 et seq., as the same
shall be from time to time amended or supplemented, as well as in
accordance with and not more strictly than judicial interpretations
thereof pursuant to the Constitutions of the United States and of
the State of New Jersey finally concluded in courts of jurisdiction
sufficient to render decisions on constitutional questions having
general application.
