Loading...
Ordinance - 1723ORDINANCE NO. 172:3 • 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 .IIIEREAS, tie City is presently studying the need 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, including adult book 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. -2- • 0 (f) "Specified Anatomical Areas" shall mean: (a) less than completely and opaquely 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. -3- 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. PASSED AND APPROVED this 14th day of July 1986. • MA'f OR ATTEST: 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. 1723 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 23r& day of June , 1986. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of July , 1986, by the following vote, to wit: AYES: Councilmembers Tennant, Bacon,•Manners, Chappell, Shearer NOES: Councilmembers None ABSENT: Councilmembers None APPROVED AS TO FORM: *10,-0 0 ATTORNEY • e , CITY CLER -4- 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. 1 Za,3 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. An d-41 110, dvn-4), Janet er eput Ci y Clerk City of West Covina, California DATED: 9>/� '-"q I P �'