[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 6-5-1989 by Ord. No. 567. Amendments noted where applicable.]
Adult motels — See Ch. 130.
As used in this chapter, the following terms shall have the meanings described as follows:
- OBSCENE FILM
- Any motion-picture film or preview or trailer to a film, not including newsreels portraying actual current events or pictorial news of the day, in which a scene taken by itself depicts a specified anatomical area or specified sexual activity or the simulation of a specified sexual activity or verbalization concerning a specified sexual activity and emits sensuality sufficient, in terms of duration and impact of depiction, to appeal to prurient interests.
- OBSCENE MATERIAL
- 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.
- Any person, corporation, partnership or entity 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.
- SPECIFIED ANATOMICAL AREA and SPECIFIED SEXUAL ACTIVITY
- The same meanings as detailed in N.J.S.A. 2C:34-3a(3) and (4).
It shall be unlawful for any retailer to display or permit to be displayed at his or her business premises any obscene material at a height of less than five feet or without a blinder, cover or printing on the front of such display material so as to conceal the obscene material.
The public display of the obscene material shall constitute presumptive evidence that a retailer knowingly made or permitted such display.
For a violation hereof, any retailer shall be fined up to $1,000 or imprisoned for up to 30 days, or both.