New Jersey City Obscenity/Nudity code, to be voted on Wednesday June 27 2018

 

ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 251 (PORNOGRAPHY AND OBSCENITY) OF THE JERSEY CITY MUNICIPAL CODE REPEALING THE CURRENT VERSION IN ITS ENTIRETY AND ADOPTING A NEW VERSION THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY DOES ORDAIN: WHEREAS) Chapter 251 of the Municipal Code governs the sale, distribution or exhibition of obscene materials or devices and defmes indecent exposure;

 

and WHEREAS, Chapter 251 of the Municipal Code -was first adopted by the Municipal Council on May 27, 1982 as Ordinance M.C-187 later amended and supplemented by Ordinance McC-131 on April 25,1990 and amended again by Ordinance McC-197 on September 26, 1990;

 

and WHEREAS, the United States Supreme Court, ruling in the matter of Miller v. California, 413 U.S^ 15 (1973), held that when establishing laws regulating obscene materials, the governing body must craft regulation(s) in light of contemporary community standards as an average person within the community would judge them; and WHEREAS, the Municipal Council finds that the current version of Chapter 251 no longer reflects the contemporary community standards and must be repealed in its entirety and a new version, reflecting contemporary community standards, must be adopted.

 

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that the existing version of Chapter 251 (Pornography and Obscenity) is repealed in its entirety and the following is hereby adopted: CHAPTER 251 PORNOGRAPHY AND OBSCENITY § 251-1. - Definitions. As used in this Chapter, the following terms shall have the meanings indicated:

 

DISPLAY " To promote, issue, sell, give, provide, lend, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

 

FILM - Any motion picture, fihn, preview or trailer to a motion picture or film, not including any motion, picture or film which portrays actual events or pictorial news.

 

LICENSED ESTABLISHMENT - any business licensed to sell alcoholic beverages for purchase or consumption,

 

MATERIAL - Anything tangible that is capable of being used, displayed or adapted for use.

 

OBSCENE - In accordance with the standards set forth in Miller v. California. 413 U.S. 15 (1973), any material, film or any performance which violates the accepted community standard for decency. The public display of material, film or a performance 18-053 Continuation of City Ordinance _ , page shall be deemed obscene if an average resident of Jersey City, after having evaluated the display or performance as a whole, and after having applied contemporary community standards to the display or performance, would conclude that the display or performance (1) lacks any serious literary, artistic, political or scientific value and (2) appeals only to the prurient interest in sex. Examples of obscenity include, but are not limited to, the public display of any material, any film or live performance which depicts: (1) reproductions or descriptions of intimate sexual acts, actual or simulated, including sexual intercourse and bestiality; (2) representations or descriptions of masturbation, excretory functions, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousa! or covered male genitals in a discernibly turgid state.

 

PERFORMANCE - A play, dance or other exhibition performed before an audience,

 

STATE OF NUDITY - The complete exposure of the anus or genitals or pubic area. § 251-2, - Display of Obscene Materials for sale, restrictions; fee,

 

A. No person who operates a store, newsstand, booth, concession, movie and video sale or rental or similar business with unimpeded access for persons under 18 years of age or who is in business of making sales or rentals of movies, pictures, drawings, photographs or other visual depictions shall display or permit to be displayed at his or her business premises any Obscene Material at a height of less than five feet and without a blinder or other covering placed or printed on the material displayed. The public display of the Obscene Material shall constitute presumptive evidence that the retailer knowingly made or permitted this display.

 

B. Every person who displays Obscene Materials as defined herein shall register with the Division of Commerce, identify the location of each site where such materials are displayed and thereafter notify the Division of Commerce of any change of location or change of address of the material displayed. There shall be a one-time registration fee as provided m Chapter 160, Fees and Charges, to offset the cost of registration and enforcement.

 

§ 251-3. - Unlawful acts. A person commits an offense under this Chapter if that person:

 

(1) displays any Obscene Material, or displays any Obscene Material for sale in a manner inconsistent with the provisions set forth in § 251-2;

 

(2) publically presents an Obscene Film or Performance or participates in a part participates in a part of a performance that is obscene or fhat contributes to its obscenity;

 

(3) appears or travels on any street, avenue, highway, road or waterway located in the City or to appears in any public place, store or business m a State of Nudity.

 

§ 251-4. - Licensed Establishments may be subject to more stringent restrictions. Licensed Establishments are subject to the standards set forth m N.J.S.A. 33 et seq. governing the sale of Intoxicating Liquors and NJ.A.C. 13:2 et seq.. Nothing m this Chapter shall be construed as supplementing or superseding any of the regulations contained therein with respect to obscene or lewd behavior in or about a Licensed Establishment.

§ 251-5. - Violations and penalties. The penalty for a violation of this article shall be as provided in Chapter 1 , General Provisions, § 1-25. Continuation of City Ordinance 18-05 3 --_ ,page '.

 

A. All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

 

B. This Ordinance shall be a part of the Jersey City Code as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Jersey City Code.

 

C. This ordinance shall take effect at the time and in fhe manner as provided by law,

 

D. The City Clerk and Corporation Counsel be and they are hereby authorized and directed to change any chapter numbers, article numbers and section numbers m the event that the codification of this Ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions. NOTE: All material is new. Therefore, underline has been omitted.