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HomeMy WebLinkAbout1801 URGENCY ORDINANCE NO. 1801 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA, IMPOSING A MORATORIUM ON THE CONSIDERATION OF, AND PROHIBITING LAND USE, BUILDING, LICENSES AND PERMITS OF ALL APPLICATIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS DURING THE INTERIM PENDING A STUDY OF ZONING PROPOSALS AND REGULATIONS REGARDING SUCH USES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. This Urgency Ordinance is necessary as an emergenCY measure for the immediate preservation of the public : peace, health and safety of the people of the City of Arcadia and shall take effect immediately upon its adoption in accordance with Arcadia City Charter Section 415 and other applicable authority. This Urgency Ordinance is based on the findings set forth below showing that there is a current and immediate threat to the public health, safety and welfare and that the approval of adult entertainment establishments without applicable zoning ordinances and other regulatory provisions will result in a threat to public ,health, safety and welfare for the following reasons: 1. Adult entertainment business as defined herein, because of their very nature, are recognized as having objectionable operational characteristics, often having a deleterious affect upon adjacent areas and the community in general. 2. Adult entertainment establishments can contribute to the blighting or downgrading of surrounding neighborhoods. Numerous problems stem from the operation of adult entertainment estab- lishments such as noise, traffic, parking, loitering, crowd -1- 1801 control, potential criminal activity, depreciation of property values, and other related considerations contrary to the health, safety and welfare of the community. 3. Arcadia is primarily a residential community with outstanding aesthetic characteristics, a substantial concern for the mitigation of parking and traffic problems and the continued maintenance of the community, its property values and related :character. 4. The City Planning Director has acknowledged that 'currently the City does not have adequate zoning provisions to deal with those problem uses commonly referred to as adult entertainment establishments as defined herein, and that it is necessary to investigate, and study this matter so as to properly develope appropriate land-use regulations. Likewise, concern has been expressed that appropriate regulatory provisions should be developed as part of the City's licensing and permit procedures to adequately regulate such uses. 5. Preservation of the status quo is necessary to adequately address the numerous problems that emanate from adult entertain- ment establishments without the allowance of such establishments pending study and review so as to avoid the deleterious affects and potential problems caused by such uses. SECTION 2. The purpose of this Urgency Ordinance is to preclude those uses defined below ~n Section 4 because it would contrary to the findings set forth above to allow such uses pending the study, review and processing of code amendments to regulate such uses. Current allowance would permit evasion of the -2- 1801 above concerns and future regulatory provisions of the City including zoning laws. Current allowance would defeat, in whole or in part, the ultimate objective of prospective code amendments. SECTION 3. With reference to the uses defined below the City shall not take action or consider any application for such uses. Neither the City Council, Planning Commission or any other agency or department of the City shall approve any permit, license or land-use allowance for the uses defined below in Section 4. This prohibition shall apply to the expansion of any existing use, the alteration of any existing use, the changing of one use to a similar use and the changing from one use to another use totally dissimilar. SECTION 4. For purposes of this Ordinance, adult entertainment. establishments (or businesses) are defined as follows: a. Adult Book Store - An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale of such materials. b. Adult Motion picture Theater -An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by their emphasis on -3- 1801 matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. c. Adult Mini Motion Picture Theater - An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons herein. d. Adult Hotel or Motel - A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities or "specified anatomical areas." e. Adult Motion Picture Arcade - Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." f. Cabaret - A nightclub, theater or other establishment which features live performances by topless and/or bottomless ,dancers, "go-go", dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or -4- 1801 "specified anatomical areas." This includes any bar, restaurant, or other establishment utilizing such live performers at any time ,on their premises. g. Massage Parlors/Acupressure - Any establishment where, for any form of consideration or gratuity, massage, alcohol rub, administration. of fomentations, electric or magnetic treatments, ,or any other treatment or manipulation of the human body occurs, 'including finger pressure techniques on certain points or portions of the body commonly referred to as acupressure. h. Model Studio - Any business where, for any form of consideration or gratuity, figure models who display "specified ,anatomical areas" are provided to be observed, sketched, drawn, 'painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. i. Sexual Encounter Center - Any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same famiiy, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." j. Any other business or establishment which offers its .patrons services or entertainment characterized by emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." SECTION 5. For purpose of this Ordinance "specified sexual activities" shall include the following: -5- 1801 a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in' the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: 'analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, .zooerasty; or b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or c. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or f. Erotic or lewd touching, fondling or other contact with an animal by a human being; or g. Human excretion, urination, menstration, vaginal or anal irrigation. SECTION 6. For purposes of this Ordinance "specified anatomical areas" shall include the following: a. Less than completely and opaquely covered (1) human I genitals, pubic region; (2) buttock, and (3) female breast below a point immediately above the top of the areola; and -6- 1801 b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SECTION 7. No person shall violate any provision, or fail to comply with any of the requirements of this Urgency Ordinance. ,Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Urgency Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this Urgency Ordinance shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the City Jailor County Jail for a period not exceeding six (6) months, or by both such fine and 'imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Urgency Ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 8. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this Urgency Ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continued shall be 'regarded as a new and separate offense. SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this Urgency Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. -7- 1801 The City Council of the City of Arcadia hereby declares that it ,would have adopted this Urgency Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 10. Neither the adoption of this Urgency Ordinance nor the repeal hereby of any Urgency Ordinance shall in any manner affect the prosecution for violation of Urgency Ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such Urgency ,Ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation , I thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any Urgency Ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 11. The City Clerk shall certify to the adoption of this Urgency Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen , (lS) days of the adoption hereof. This Urgency Ordinance is effective immediately. Passed, approved and adopted this 16th day of October, 1984. of Arcad~a . ATTEST: ;/2J./J./J" ~ ~ ~~. . :City Clerk of the City of Arcad~a .Mayor 'of -8- 1801 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS: CITY OF ARCADIA ) : I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Urgency Ordinance No. 1801 was passed and adopted by the City Council of the City of Arcadia, 'signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 16th day of October, 1984, and that said Urgency Ordinance was adopted by the following vote, to 'wit: AYES: Councilmen Gilb, Lojeskii Pellegrino, Young and Hannah NOES: None ABSENT: None 4 City Clerk of the City of Arcadia -9- 1801