Ordinance - 1722•
ORDINANCE NO. 1722
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA DECLARING AN
INTERIM MORATORIUM AND PROHIBITION ON THE
USE OF LAND FOR ADULT BUSINESS ESTABLISH-
MENTS PURSUANT TO SECTION 65858(a) OF
THE GOVERNMENT CODE
WHEREAS, the experiences in other areas of Southern
California and other metropolitan areas both in and outside
this State have demonstrated that businesses whose primary
purpose is the selling, renting or showing of sexually
explicit materials (hereafter "adult businesses") when
located in immediate proximity to one another or to
residential, public or commercial areas have operational
characteristics which have a deleterious effect on
immediately adjacent residential, public and commercial
areas including blighting and downgrading of adjacent
residential, public and commercial areas; and
WHEREAS, special zoning regulations or general plan
or special plan amendments applicable to adult businesses
may be necessary to preserve the integrity of existing
residential, public and commercial areas in close proximity
to such uses; and
IY tIERIT]]AS, L. 11C Cit5 \.11.iJ presently e.�Cll 1. y J _ %.A lily 1.., 11C CCU
for and structure of an ordinance restricting adult
businesses from certain locations within the City; and
WHEREAS, this Ordinance is immediately required to
preserve such residential, public and commercial areas from
the possible effect of blighting or downgrading, during such
time as the City's Planning Department and Planning
Commission needs to complete said zoning and planning
proposal; and
WHEREAS, the United States Supreme Court recently
issued a decision directly addressing the ability of local
governments to adopt such an ordinance (City of Renton v.
Playtime Theatres, Inc. (1986) U.S. , 89 L.Ed.2d, 106
S.Ct. ) and time is needed to implement the decision
through the preparation and adoption of such an ordinance;
and
WHEREAS, recent inquiries relating to the potential
location of adult businesses has created a current and
immediate threat to the public health, safety, or welfare in
that the issuance of permits to allow adult businesses to be
located in the City without any regulations restricting
their location could have the effect of frustrating the
contemplated zoning and planning proposal and would result
• in a threat to public health, safety, or welfare;
WHEREAS, pursuant to Section 65858(a) of the
California Government Code, the City Council may adopt as an
urgency measure an interim ordinance prohibiting any use
which may be in conflict with a contemplated general plan,
specific plan or zoning proposal which the City Council,
Planning Commission, or Planning Department intends to study
within a reasonable time,
• NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WEST COVINA DOES ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding any other provision of
the West Covina Municipal Code as used in this Ordinance,
the following definitions shall apply:
(a) "Adult Book Store" shall mean an
establishment having as a substantial
or significant portion of its stock in
trade, material, including but not be
limited to, books, magazines photographs,
prints, drawings, or paintings, motion
pictures, and pamphlets, or any combi-
nation thereof, which is distinguished or
characterized by its emphasis on matter
depicting, describing or relating to
sexually explicit activity or specified
anatomical areas, or an establishment
with a segment or section thereof devoted
to the sale or display of such material.
(b) "Adult Business" shall mean and include
any business whose primary purpose is the
selling, renting or showing of sexually
explicit materials or the provision of
names of persons or persons for the
purpose of accompanying or consorting
with others, includir^ adult toot, stores,
adult theatres, adult novelty shops and
escort services as defined herein.
(c) "Adult Novelty Shop" shall mean a retail
establishment other than an adult book
store primarily devoted to the sale of
items depicting specified anatomical
areas and sexually explicit activities.
(d) "Adult Theater" shall mean a theater
which presents live entertainment or
motion pictures or slide photographs,
which are distinguished or characterized,
by their emphasis on matter depicting,
describing or relating to sexually
explicit activity or specified anatomical
areas.
(e) "Escort Service" shall mean any business,
agency or person who, for a fee, commis-
sion, hire, reward or profit, furnishes
or offers to furnish names of persons, or
who introduces, furnishes or arranges for
persons who may accompany other persons
to or about social affairs, entertain-
ments or places of amusement, or who may
consort with others about any place of
public resort or within any private
quarters.
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(f) "Specified Anatomical Areas" shall mean:
(a) less than completely and opaguely
covered:
(i) human genitals, pubic region;
(ii) buttock, and
(iii) 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.
(g) "Sexually Explicit Activities" shall
mean:
(a) human genitals in a state of sexual
stimulation or arousal; and/or
(b) acts of human masturbation, sexual
stimulation or arousal; and/or
(c) fondling or other erotic touching
of human genitals, pubic region,
buttock or female breast.
SECTION 2. Following the adoption of this
Ordinance and so long as this Ordinance remains in effect,
no Person shall establish or. Conduct, or permit to be
established or conducted an adult business upon any real
property located within the City.
SECTION 3. The Planning Department and Planning
Commission are directed to study and recommend to the City
Council appropriate regulations for the use of land for
adult business establishments and any necessary amendments
to the general plan of the City of West Covina and Chapter
26 (Zoning) of the West Covina Municipal Code.
SECTION 4. This Ordinance is hereby declared to be
an urgency measure adopted pursuant to California Government
Code section 65858 and shall take effect immediately upon
its adoption. A statement of facts constituting the basis
of such urgency is set forth above. This Ordinance shall be
in full force and effect for a period of forty-five (45)
days following the date of its enactment unless sooner
extended after notice pursuant to section 65090 of the
California Government Code and public hearing, for a period
not to exceed ten (10) months and fifteen (15) days.
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SECTION 5. The Mayor shall sign and the City Clerk
shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published in the manner
prescribed by law.
is
PASSED AND APPROVED this 23rd day of June, 1986.
MAYOR
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ATTEST:
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I Y CLER
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, HELENE MOONEY, City Clerk of the City of West Covina, California,
do hereby certify that the foregoing Ordinance No. .1722. was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 23rd day of June ,
1986. That thereafter said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the 23rd day of June
1986, by the following vote, to wit:
AYES: Councilmembers Tennant, Manners, Chappell, Shearer
NOES: Councilmembers None
Aa•ENT: Councilmembers- Bacon
CITY CLERK
APPROVED AS TO FORM:
4tT ATTORNEY
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C E R T I F I C A T I O N
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. —7 •? Y) was published, pursuant to law, in the San
Gabriel Valley- Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
Janet Berrjf,. Deputy City Clerk
City of West Covina, California
DATED: