HomeMy WebLinkAboutCC ORD 1977-1605 Interim adult entertainment regulations (Special)ORDINANCE NO. 1605
AN INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS
AN EMERGENCY MEASURE PROHIBITING THE USES (NEW) "ADULT MOTION PICTURE THEATRES",
"ADULT BOOK STORES" AND 'AADULT NEWSRACKS" THROUGHOUT THE CITY OF NATIONAL CITY.
WHEREAS, it has been brought to the attention of this City Council that Section
18 of the Municipal Code of the City of National City (the Land Use Code) does not
specifically provide for the regulation of "adult entertainment businesses", as de-
fined herein; and,
WHEREAS, this City Council finds it to be essential to protect the public safety,
health and welfare of the people of this community by regulating (new) "adult motion
picture theatres", "adult bookstores" and "adult newsracks", by limiting their location,
intensity and environmental features; and
WHEREAS, in adopting this ordinance, it is recognized that certain types of
adult entertainment facilities possess certain objectionable operational character-
istics which when concentrated can have a deleterious effect upon adjacent areas.
It is also recognized that locating the adult entertainment facilities covered by
this ordinance in the vicinity of facilities frequented by minors will cause the
exposure of minors to adult material which, because of their immaturity, may adversely
affect them. In addition, it is recognized that many persons are offended by the
public display of certain sexual material. Special regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhood and to an adverse effect on minors; and,
WHEREAS, this City Council finds it desirable and necessary to temporarily halt
the proliferation of new businesses of these types pending study and adoption of
appropriate zoning controls; and
WHEREAS, this City Council intends to adopt zoning regulations governing the
subject businesses throughout the City as soon as is convenient, and directs the
Planning Commission of this City to commence studies and procedures necessary for
the adoption of such a permanent zoning regulation,
NOW, THEREFORE BE IT ORDAINED as follows:
SECTION 1. All (new) adult entertainment businesses as defined herein
are prohibited from commencing operations within the City of National
for the duration of this ordinance.
SECTION 2. As used in this ordinance, "adult entertainment businesses"
shall mean:
(A) "Adult newsrack" means any coin -operated machine or device which
dispenses material substantially devoted to the depiction of "specified
sexual activities" or "specified anatomical areas".
-2-
SECTION 2. (continued)
(B) "Adult Book Store" means an establishment having as a substantial or
significant portion of its stock in trade, books, magazines and other
periodicals which are substantially devoted to the depiction of "speci-
fied sexual activities" or "specified anatomical areas".
(C) "Adult Motion Picture Theater" means an enclosed building used for
presenting material in the form of motion picture film, video tape
or other similar means which is substantially devoted to the depiction
of "specified sexual activities" or "specified anatomical areas" for
observation by persons therein.
SECTION 3. As used in this ordinance, the following terms shall have
the following meanings:
(A) "Specified sexual activities" means:
(1) human genitals in a state of sexual stimulation or arousal;
(2) acts of human masturbation, sexual intercourse or sodomy;
(3) fondling or other erotic touching of human genitals, pubic
region, buttock or female breast.
(B) "Specified anatomical areas" means:
(1) less than completely and opaquely covered (a) mature human
genitals, (b) mature human buttock, (c) mature human female
breast below a point immediately above the top of the areola;
and,
(2) human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
SECTION 4. This ordinance is adopted as an interim ordinance as an emergency
measure for the reasons set forth above, and for a period of four months
from the date of adoption (unless extended pursuant to Government Code
Section 65858).
PASSED AND ADOPTED this o day of Nov hoer, 1977.
ATTEST:
MAYOR
CITY LERK
Passed and adopted by the Council of the City of National City, California,
on November 8, 1977 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Camacho, Dalla; Pinson, Reid, Morgan.
None
None
None
AUTHENTICATED BY:
FILE MORGAN
By:
Mayor of the City of National City, California
et
City Clerl/of the City of Natio/fal City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on November 8, 1977
and on
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1605 of the City of National City, passed
and adopted by the Council of said City on ..Nov.embe.r...8,....19.77
(Seal)
City Clerk of the City of National City, California
By:
Deputy