[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 3-16-1972 by Ord. No. 4-72 as Ch. 80 of the 1972
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 any person with any illustrated
"comic" book, magazine or other publication which, read as a whole,
is of an obscene nature.
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 or 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.
Any person violating any provision of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof,
in the discretion of a court of competent jurisdiction. Each and every
day that such violation shall continue shall be a further and separate
offense under the terms of this chapter, subject to the penalties
herein prescribed.
