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ORDINANCE NO. 1871
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, IMPOSING A 45 DAY
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 object ionable
operational characteristics, often having a deleterious affect
upon adjacent areas and the community in general.
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2. Adult entertainment establishments can contribute to the
blighting or downgrading of surrounding neighborhoods. Numerous
problems stem from the operation of adult entertainment
establishments such as noise, traffic, parking, loitering, crowd
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
develop 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
entertainment establishments without the allowance of such
establishments pending finalization and implementation of a
permanent zoning ordinance so as to avoid the deleterious affects
and potential problems caused by such uses.
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SECTION 2. The purpose of this Urgency Ordinance is to
preclude those uses defined below in Section 4 because it would
contrary to the findings set forth above to allow such uses
pending the study, review and processing of the code amendments
to regulate such uses. Current allowance would permit evasion of
the 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 Urgency 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, book,
magazlnes and other periodicals which are distinguished or
characteri zed by their emphasis on matter depicting, describing
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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
matter depicting, describing or relating to "specified sexual
acti vi ties" 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
lS presented
emphasis on
which is distinguished or characterized by an
matter depict ing, 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
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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
"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.
l. 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 family,
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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
matter depicting,
or entertainment characterized by emphasis on
describing or relating to "specified sexual
activities" or "specified anatomical areas."
SECTION 5. For purpose of this Urgency Ordinance "specified
sexual activities" shall include the following:
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 relat ionship, 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 the 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. Masochiam, erotic or sexually oriented torture, beating
or the infliction of pain: or
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f. Erotic or lewd touching, fondling or other contact with
an animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or
anal irrigation.
SECTION 6. For purposes of thi s Urgency Ordinance
"specified anatomical areas" shall including the following:
a. Less than completely and opaquely covered (1) human
genitals, pubic region: (2) buttock, and: (3) female breast below
a point immediately above the top of the areola: and
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 find a
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.
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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 port ion 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.
The City Council of the City 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. 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
(15) days of the adoption hereof. This Urgency Ordinance lS
effective immediately upon adoption. This Urgency Ordinance is
in effect for forty-five (45) days from the date of adoption.
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Passed, approved and adopted this 1st day of September,
1987.
~~
City of Arcadia
ATTJ':ST:
a-~~
'2f!1 f .
of the Clty 0 Arcadla
City Clerk
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. 1871 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 1st day of September,
1987, and that said Urgency Ordinance was adopted by the
following vote, to wit:
AYES: Councilmember Chandler, Harbicht, Lojeski, Young and Gilb
NOES: None
ABSENT: None
City Clerk
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