[HISTORY: Adopted by the Council of the City of Northfield 12-4-1973 by Ord. No.
13-1973 (Ch. 85 of the 1974 Code); amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
It is the intent of the governing body of the City of Northfield
to make it a petty disorderly persons offense for a retailer to display
or permit to be displayed at his business premises any obscene material,
as defined in N.J.S.A. 2C:34-3, 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. Public display of the obscene material
shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
As used in this chapter, the following terms shall have the
meanings indicated:
To show or make visible.
Any description, narrative account, display, 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.
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.
Cause or allow to be seen.
The penalty for violation of any provision of this article shall be as set forth in Chapter 1, General Provisions, § 1-15. Each separate obscene material which is displayed or permitted to be displayed in violation of this chapter shall constitute a separate offense under this chapter. Each separate display of obscene material in violation of this chapter, whether to different persons or the same persons, shall constitute a separate offense under this chapter.
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:34-3 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.
Where necessary, this chapter shall be construed in a manner
which will render it valid and constitutional. If for any reason any
section or any part of a section or provision of this chapter shall
be adjudged unconstitutional or invalid, said judgment shall not be
held to affect any other sections or any other part of a section or
provision of this chapter.
