The Township of East Brunswick was established in 1860. Since January 1, 1965, the
& 153-1 OBSCENITY AND PUBLIC INDECENCY
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& 153-1 OBSCENITY AND PUBLIC INDECENCY & 153-2 Chapter 153 OBSCENITY AND PUBLIC INDECENCY & 153-1. Purpose. & 153-2. Definitions. & 153-3. Prohibited Conduct. & 153-4. Notice of Obscene Material or Action. & 153-5. Types of Proceedings. & 153-6. Public Indecency and Nudity. & 153-7. Penalties. [HISTORY: Adopted by the Township Council of the Township of East Brunswick on 10-9-79.] & 153-1. Purpose. The Township of East Brunswick is attem pting to prevent the deterioration of the various com m ercial districts within the m unicipality and is further attem pting to preserve real estate values, reduce the incidence of crim e and encourage residents and businesses to rem ain in their present neighborhoods and to m aintain their properties. The Township of East Brunswick intends to regulate adult uses within the m unicipality in order to prohibit the display of adult reading m aterial within the open view and reach of children under the age of eighteen (18) years. The East Brunswick Township Council finds that such m aterial is adverse to the public peace, m orals 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 m aterial and to adopt regulations toward that end. In addition, the Township of East Brunswick wishes to discourage the attraction of transients into the com m ercial areas of the Township of East Brunswick. The Township of East Brunswick further finds that the location of adult entertainm ent activities near shopping centers and public areas which are open to fam ily groups and children have an adverse effect on such persons and m ay contribute to increased crim e 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 prom otion of obscene m aterial. & 153-2. Definitions. The definitions contained in Title 2C:34-2, 2C:34-3 and 2C:34-4 of the New Jersey Code of Crim inal Justice as presently stated and as subsequently am ended 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 anatom ical area contained in, or consisting of, a picture or other representation, publication, sound recording, live perform ance, or firm , which by m eans of posing, com position, form at or anim ated sensual details: 1. Depicts or describes in a patently offensive way, ultim ate sexual acts, norm al or perverted, actual or sim ulated, m asturbation, excretory functions, or lewd exhibition of the genitals. 2. Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and 15301
6-83 & 153-2 EAST BRUNSWICK CODE & 153-2 3. Is a part of a work, which to the average person applying contem porary com m unity standards, has a dom inant them e 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 anatom ical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live perform ance or film which by m eans of posing, com position, form at or anim ated sensual details, em its sensuality with sufficient im pact to concentrate prurient interest on the area or activity. l. Obscene Film : Any m otion 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: (a)
Depicts a specified anatom ical area or specified sexual activity, or verbalization concerning a specified sexual activity; and (b) Em its sensuality sufficient, in term s of the duration and im pact of the depiction, to appeal to prurient interest. 2. Specified Anatom ical Area: (a) Less than com pletely and opaquely covered hum an genitals, pubic region, buttock or fem ale breasts below a point im m ediately above the top of the areola; or (b) Hum an m ale genitals in a discernibly turgid state, even if covered. 3. Specified Sexual Activity. (a) Hum an genitals in a state of sexual stim ulation or arousal; or (b) Any act of hum an m asturbation, sexual intercourse or deviate sexual intercourse; or (c)
Fondling or other erotic touching of covered or uncovered hum an genitals, pubic region, buttock, or fem ale breast. 4. Knowingly: (a)
Having knowledge of the character and content of the m aterial or film described herein; or (b) Having failed to exercise reasonable inspection which would disclose its character and content. C. The following words, term s and phrases when used in this ordinance shall, for the purpose of this ordinance have the m eanings respectively ascribed to them by this section. [Added 7-14-80 by Ord. No. 80-269] a. "Person" m eans any individual, partnership, firm , association, corporation or other legal entity. b. "Township" m eans the Township of East Brunswick, New Jersey. c. "Distribute" m eans to transfer possession of whether with or without consideration. 15302 6-83
& 153-3 OBSCENITY AND PUBLIC INDECENCY & 153-3.2 & 153-3. Prohibited Conduct. A. It shall be unlawful for any person to: 1. Knowingly dissem inate, distribute or m ake available to the public any obscene m aterial; or 2. Knowingly engage or participate in any obscene perform ance m ade available to the public; or 3. Knowingly engage in com m erce for com m ercial gain with m aterials depicting and describing, explicit sexual conduct, nudity or excretion utilizing displays, circulars, advertisem ents or other public sales efforts that prom ote such com m erce prim arily on the basis of their prurient appeal; or 4. Provide service to patrons in such a m anner as to expose to public view: (a) His or her genitals, pubic hair, buttocks, perineum , anal region or pubic hair region; (b)
Any device, costum e or covering which given the appearance of or sim ulates the genitals, pubic hair, buttocks, perineum , anal region or pubic hair region; or (c)
Any portion of the fem ale breast at or below the areola thereof; or (d)
Knowingly prom ote the com m ission 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 T ownship for sale or distribution any device, designated or m arketed as useful prim arily for the stim ulation of hum an 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 m arketed as useful prim arily for the stim ulation of hum an 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 m em ber of a legislative body, m unicipal, 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-l4-80 by Ord. No. 80-269] B. This ordinance shall not apply to the viewing of any m aterial in the privacy of ones hom e or to any m edium regulated by any public body. & 153-3.1. Public Nuisance. The following are hereby now declared to be public nuisances and are hereby subject to the rem aining provisions of Chapter 153. A. Places where obscene film s 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. M assage parlors or m odel studios used for purposes of lewdness, assignations or prostitution are places of public nuisance. [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 establishm ents 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. [Added 7-14-80 by Ord. No. 80-271] 15303 6-83
& 153-4 EAST BRUNSWICK CODE & 153-4 & 153-4. Notice of Obscene Material or Action. A. Actual notice of the obscene nature of such m aterial, perform ance, or activity m ay be given to a person involved in or responsible for such from the Director of Public Safety on the basis of inform ation lawfully gathered and supplied to him by the Departm ent of Public Safety or citizens. 1. Such notice shall be in writing and delivered by m ail or in person to the alleged offender. 2. Such notice shall state that: (a) In the opinion of the Departm ent of Public Safety the activity engaged in falls within the prohibition of section 153-3. (b)
That if such activity has not ceased within seven (7) judicial days the Township of East Brunswick will take appropriate legal action; and (c) That a declaratory judgm ent proceeding as described in Section 153-5 is available if a person engaged in the challenged activity wishes to initiate the legal determ ination of whether the activity is in fact obscene. B. A person who prom otes any obscene activity as prohibited in section 153-3 in the course of his business is presum ed to do so with knowledge of its content and character. & 153-5. Types of Proceedings. A. In Rem Proceedings. 1. The Director of Public Safety m ay apply to the Municipal Attorney to institute an attachm ent proceeding against any m aterial which is alleged to be obscene in a sworn affidavit. 2. Upon filing of an application for attachm ent authorized in subsection (1) of this section, the Director of Public Safety shall im m ediately cause notice thereof to be served either personally or by m ail 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 m aterial nam ed in the com plaint. (a) The publisher; and (b) The wholesaler, distributor, circulator; and (c) Every retailer or dealer who has, or m ay have, possession of any m aterial identical to m aterial nam ed in the com plaint. B. Declaratory Judgm ent. 1. Any person receiving notice in writing from the Director of Public Safety under section 153-4A that a specified activity is obscene m ay bring action against the Township for a declaratory judgm ent to determ ine whether such activity is obscene. 2. If it is adjudged and declared by the court that such activity is obscene, then the T ownship Clerk m ay cause the publication of such judgm ent 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 presum ed to have actual notice of the nature of the activity. C. Crim inal Prosecution. 1. The Municipal Attorney and the Director of Public Safety m ay cause charges to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of this ordinance. 15304 6-83
& 153-4 OBSCENITY AND PUBLIC INDECENCY & 153-5 2. If the Municipal Attorney has given notice pursuant to section 153-4A then such crim inal charges m ay be brought only after seven (7) judicial days after receipt of said notice. D. Injunction. 1. The Municipal Attorney m ay seek a tem porary restraining order in Superior Court in order to enjoin any obscene perform ance 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. & 153-6. Public Indecency and Nudity. [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 com m ercial 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 com pletely exposes to the view of others his or her anus, genitals, pubic area, or, in the case of a fem ale, 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 m ade unlawful by this ordinance shall, upon conviction, be punished by a fine of not m ore than $500.00 or by im prisonm ent for not m ore than three m onths or both. [Added 7-14-80 by Ord. No. 80-269] 15305
6-83 PARKS AND PUBLIC LANDS Chapter 158 PARKS AND PUBLIC LANDS & 158-1. Title. & 158-2. Definitions. & 158-3. Regulations pertaining to the use of park property. & 158-4. Regulations pertaining to sanitation. & 158-5. Control of traffic. & 158-6. Regulation of recreational activities. & 158-7. Municipal bathing area. & 158-8. Regulation of activities. & 158-9. Regulation of commercial activities and signs. & 158-10. Park operation policy. & 158-11. Enforcement. & 158-12. Violations and penalties. & 158.12A. Violations and penalties for County Parks only. [Added 6-11-01 by Ord. No. 01-19] & 158-13. Public lands. & 158-14. Naming and memorializing of Park, Public Buildings and Lands. & 158.15. Drug Free School Zone Maps. [Added 4-6-09 by Ord. No. 09-09] & 158-16. Maps to Continue in Effect. [Added 4-6-09 by Ord. No. 09-09] & 158-17. Notification of Changes in School Property. [Added 4-6-09 by Ord. No. 09-09] & 158-18. Copies of Maps on File. [Added 4-6-09 by Ord. No. 09-09] & 158-19. Additional Provisions. [Added 4-6-09 by Ord. No. 09-09] & 158-20. Drug Free Public Park and Public Building Zone Map. [Added 4-6- 09 by Ord. No. 09-09] & 158-21. Map to Continue in Effect. [Added 4-6-09 by Ord. No. 09-09] 15801
-09 PARKS AND PUBLIC LANDS & 158-22. Copies of Map on File. [Added 4-6-09 by Ord. No. 09-09] & 158-23. Additional Provisions. [Added 4-6-09 by Ord. No. 09-09] & 158-24. Severability. [Added 4-6-09 by Ord. No. 09-09] [HISTORY: Adopted by the Township Council of the Township of East Brunswick 12-22-69 as Ord. No. 69-142 as Ch. XXVI of the Revised General Ordinances. Section 158-12 amended at time of adoption of Code; see Ch.1, General Provisions, Art. I. Other amendments noted where applicable.] GENERAL REFERENCES Adm inistration of governm ent - See Ch. 3. Alcoholic beverages - See Ch. 45. Bicycles and m otorized bicycles - See Ch. 58. Dogs - See Ch. 83. Handbills - See Ch. 118. Littering - See Ch. 137. Noise - See Ch. 147. Public swim m ing pools - See Ch. 197. Vehicles and traffic - See Ch. 209. Motor-driven vehicles - See Ch. 212. 15801.1
-09 & 158-1 EAST BRUNSWICK CODE & 158-2 & 158-1. Title. [Amended 5-13-85 by Ord. No. 85-637] This chapter shall be known and m ay be cited as the "East Brunswick Township Ordinance Regulating Conduct in Parks and Public Lands."
As used in this chapter, the following term s and their derivations shall have the m eanings indicated. W hen not inconsistent with the context, words used in the present tense include the future, words in the plural num ber include the singular num ber and words in the singular num ber include the plural num ber. The word "shall" is always m andatory and not m erely directory.
center or any other area the County of Middlesex owns or controls, and devoted to or intended for active or passive recreation or natural resource m anagem ent. [Added 6- 11-01 by Ord. No. 01-19] DIRECTOR OF PARKS AND PUBLIC W ORKS - The person im m ediately in charge of the Departm ent of Parks and Public W orks and its activities, and to whom all park rangers and park em ployees of such area are responsible. [Am ended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27] FEED - to give, place, expose, deposit, distribute or scatter any edible m aterial with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or gam e. [Added 7-25-05 by Ord. No. 05-17]
other area the Township owns, or used by the Township, and devoted to or intended for active or passive recreation or natural resource m anagem ent. [Am ended 6-28-76 by Ord. No. 76-142-A] PERSO N - Any person, firm , partnership, association, corporation, com pany or organization of any kind. PUBLIC LAND - Any land which the Township owns, or controls by lease, easem ent or other conveyance. [Added 5-13-85 by Ord. No. 85-637] SKATE PARK FACILITY - A designate play area or facility situated at Com m unity Park on Dunham s Corner Road in the Township of East Brunswick devoted to or intended only for skateboarding and in-line skating and designed with special ram ps. [Added 3-24- 03 by Ord. No. 03-10] “SM OKING” shall m ean the inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe or other sim ilar devices that contain tobacco and/or other sim ilar devices that contain tobacco and/or other sim ilar devices which burn tobacco or sim ilar m aterials. [Added 6-20-05 by Ord. No. 05-13] SUPERINTENDENT OF PUBLIC LANDS - The person who serves as the Director of Parks and Public W orks as provided in Chapter 3, Section 58 et seq. of the Code of the Township. [Added 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27] 15802
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