[HISTORY: Adopted by the Township Council of the Township
of East Brunswick on 10-9-79.]
The Township of East Brunswick is attempting to prevent the
deterioration of the various commercial districts within the municipality
and is further attempting to preserve real estate values, reduce the
incidence of crime and encourage residents and businesses to remain
in their present neighborhoods and to maintain their properties. The
Township of East Brunswick intends to regulate adult uses within the
municipality in order to prohibit the display of adult reading material
within the open view and reach of children under the age of eighteen
(18) years. The East Brunswick Township Council finds that such material
is adverse to the public peace, morals and good order of the Township.
The Township Council further finds that it is in the best interest
of the public health, safety and welfare of the Township to restrict
the display of adult reading material and to adopt regulations toward
that end. In addition, the Township of East Brunswick wishes to discourage
the attraction of transients into the commercial areas of the Township
of East Brunswick. The Township of East Brunswick further finds that
the location of adult entertainment activities near shopping centers
and public areas which are open to family groups and children have
an adverse effect on such persons and may contribute to increased
crime and juvenile delinquency. The Township further finds that they
tend to attract an undesirable quantity and quality of clientele.
For all of the foregoing reasons the Township of East Brunswick hereby
regulates obscene conduct and the distribution and promotion of obscene
material.
The definitions contained in Title 2C:34-2, 2C:34-3 and 2C:34-4
of the New Jersey Code of Criminal Justice as presently stated and
as subsequently amended are incorporated herein as follows:
A.
Obscene Material for Persons Eighteen Years of Age or Older:
Any description, narrative account, display, or depiction of
sexual activity or anatomical area contained in, or consisting of,
a picture or other representation, publication, sound recording, live
performance, or firm, which by means of posing, composition, format
or animated sensual details:
1.
Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals.
2.
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole, and
3.
Is a part of a work, which to the average person applying contemporary
community standards, has a dominant theme taken as a whole, which
appeals to the prurient interest.
B.
Obscene Material for Persons Under Eighteen:
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
or activity.
C.
The following words, terms and phrases when used in this ordinance
shall, for the purpose of this ordinance have the meanings respectively
ascribed to them by this section.
[Added 7-14-80 by Ord. No. 80-269]
A.
It shall be unlawful for any person to:
1.
Knowingly disseminate, distribute or make available to the public
any obscene material; or
2.
Knowingly engage or participate in any obscene performance made available
to the public; or
3.
Knowingly engage in commerce for commercial gain with materials depicting
and describing, explicit sexual conduct, nudity or excretion utilizing
displays, circulars, advertisements or other public sales efforts
that promote such commerce primarily on the basis of their prurient
appeal; or
4.
Provide service to patrons in such a manner as to expose to public
view:
(a)
His or her genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
(b)
Any device, costume or covering which given the appearance of
or simulates the genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(c)
Any portion of the female breast at or below the areola thereof;
or
(d)
Knowingly promote the commission of any of the above listed
unlawful acts.
5.
It shall be unlawful for any person to send or cause to be sent or
to bring or cause to be brought into this Township for sale or distribution
any device, designated or marketed as useful primarily for the stimulation
of human genital organs.
6.
It shall be unlawful for any person in this Township to prepare,
sell, exhibit, or distribute or give away or offer to give away, or
to have in his possession with intent to sell, exhibit, distribute,
give away or offer to give away any device designed or marketed as
useful primarily for the stimulation of human genital organs.
[Added 7-14-80 by Ord. No. 80-269]
7.
The possession or exhibition forbidden by this ordinance shall not
apply to a possession or exhibition by a police officer, sheriff,
deputy sheriff or other peace officer, or any person under their supervision
and control, or any judge, jury or attache of a court, or any attorney,
or any member of a legislative body, municipal, state or federal,
when such possession or exhibition thereof is connected with the prosecution
or investigation of a violation or possible violation of this ordinance
or other law.
[Added 7-14-80 by Ord. No. 80-269]
B.
This ordinance shall not apply to the viewing of any material in
the privacy of ones home or to any medium regulated by any public
body.
The following are hereby now declared to be public nuisances and are hereby subject to the remaining provisions of Chapter 153.
A.
Places where obscene films are exhibited are public nuisances.
B.
Places of business where obscene publications constitute a principal
part of the stock and trade are public nuisances.
C.
Massage parlors or model studios used for purposes of lewdness, assignations
or prostitution are places of public nuisance.
[Added 7-14-80 by Ord. No. 80-271]
[Added 7-14-80 by Ord. No. 80-271]
In the event that the East Brunswick Director of Public Safety finds that a public nuisance exists with respect to any of the establishments referred to in Section 153-3.1, the Township of East Brunswick shall follow the procedures set forth in Section 153-4 of the Code of the Township of East Brunswick, Notice of Obscene Material or Action and Section 153-5 of the Code of the Township of East Brunswick, Types of Proceedings.
A.
Actual notice of the obscene nature of such material, performance,
or activity may be given to a person involved in or responsible for
such from the Director of Public Safety on the basis of information
lawfully gathered and supplied to him by the Department of Public
Safety or citizens.
1.
Such notice shall be in writing and delivered by mail or in person
to the alleged offender.
2.
A.
In Rem Proceedings.
1.
The Director of Public Safety may apply to the Municipal Attorney
to institute an attachment proceeding against any material which is
alleged to be obscene in a sworn affidavit.
2.
Upon filing of an application for attachment authorized in subsection (1) of this section, the Director of Public Safety shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the Township who is known or believed by the Director of Public Safety to have any of the following interests in material named in the complaint.
B.
Declaratory Judgment.
1.
Any person receiving notice in writing from the Director of Public Safety under section 153-4A that a specified activity is obscene may bring action against the Township for a declaratory judgment to determine whether such activity is obscene.
2.
If it is adjudged and declared by the court that such activity is
obscene, then the Township Clerk may cause the publication of such
judgment in a newspaper of general circulation in the Township of
East Brunswick and upon such publication all persons residing or doing
business in the Township of East Brunswick will be presumed to have
actual notice of the nature of the activity.
C.
Criminal Prosecution.
1.
The Municipal Attorney and the Director of Public Safety may cause
charges to be brought against any person presently engaging in or
who has engaged in any prohibited activity in violation of this ordinance.
D.
Injunction.
1.
The Municipal Attorney may seek a temporary restraining order in
Superior Court in order to enjoin any obscene performance or the service
of patrons in violation of this ordinance.
E.
Proceedings authorized by this Section shall be in addition to any
others provided by law.
[Added 2-28-83 by Ord. No. 83-497]
It shall be unlawful for any person to appear or travel on any
street, avenue, highway, road, parking area, park or playground or
other public place, or to appear in any store or commercial location
in the Township of East Brunswick in a state of nudity, other than
in a shower room or changing area. A person shall be found in a state
or nudity when his clothing or absence of clothing completely exposes
to the view of others his or her anus, genitals, pubic area, or, in
the case of a female, breasts below the areola.
A.
Penalties shall be in accordance with applicable New Jersey Statutes,
specifically Section 2C:34-1 et seq.
B.
Any person who shall violate any provision of this ordinance or who
shall do any act made unlawful by this ordinance shall, upon conviction,
be punished by a fine of not more than $500.00 or by imprisonment
for not more than three months or both.
[Added 7-14-80 by Ord. No. 80-269]
