[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 10-13-1991 by Ord. No. 91-16. Amendments noted where applicable.]
A.Â
Any matter or performance is obscene if:
(1)Â
The matter or performance depicts or describes in a patently offensive
way, ultimate sexual acts, normal or perverted, actual or simulated;
(2)Â
The matter or performance, taken as a whole, lacks serious literary,
artistic, political, or scientific value; and
(3)Â
The average person, applying contemporary community standards, finds
that the matter or performance, taken as a whole, appeals to the prurient
interest.
As used in this chapter, the following terms shall have the
meanings indicated:
The majority view as expressed through the Township Committee
within the confines of the Township of West Deptford.
The sale of admission to view obscene material.
Any book, magazine, newspaper, or printed or written material
or any picture, drawing, photograph, motion picture, or other pictorial
representation or any statue or other figure, or any recording, transcription,
or mechanical, chemical or electrical reproduction or any other articles,
equipment, machines, or materials.
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, emit sensuality
with sufficient impact to concentrate prurient interest on the area
or activities.
Any person who owns or has legal right to possession of any
matter.
Any play, motion picture, dance or other exhibition or presentation,
whether pictures, animated or live, performed before an audience of
one or more person(s).
Any individual, partnership, firm, association, corporation
or other legal entity.
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
old, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings, or photographs.
Human genitals in a state of sexual stimulation or arousal,
any act of human masturbation, excretory function, sexual intercourse,
or deviant sexual intercourse, fondling or other erotic touching of
covered or uncovered human genitals, pubic region, buttocks or female
breasts.
Every person who knowingly sends or causes to be sent, or brings
or causes to be brought into the Township of West Deptford, for sale
or distribution; or, in the Township of West Deptford, possesses,
prepares, publishes or prints, with intent to distribute, or to exhibit
to another, or who offers to distribute, distributes or exhibits to
another any obscene matter is guilty of a misdemeanor.
Any retailer who displays or permits to be displayed at his
business premises any obscene material for persons under 18 years
of age 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, is guilty of a misdemeanor.
Any public display of obscene material for persons under 18
years of age as defined herein, shall constitute presumptive evidence
that the retailer knowingly made or permitted the display, and such
retailer will be guilty of a misdemeanor.
Every person who knowingly engages or participates in, manages,
produces, sponsors, presents or exhibits any obscene performance is
guilty of a misdemeanor.
It shall be an affirmative defense to a prosecution under this
chapter for the defendant to show:
A.Â
That the distribution was made to the recipient by a bona fide school,
museum, or public library or by an employee of such organization or
of a retail outlet affiliated with and serving the educational purpose
of such organization acting in the course of his employment; or
B.Â
That the act was done for legitimate scientific or educational purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Any person who violates any of the provisions of this chapter shall be subject to the penalty in § 1-15, Violations and penalties, of the Code of the Township of West Deptford.
B.Â
A violation
of this chapter shall also be grounds for revocation of any licenses
or certificate of occupancy issued by the Township on the premises.
