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HomeMy WebLinkAboutOrd 27 ORDINANCE NO. 27 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIF- ORNIA, PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE, TEMPORARILY PROHIBITING THE ESTABLISHMENT IN CERTAIN AREAS OF THE CITY OF CATHEDRAL CITY OF "ADULT ENTERTAINMENT" BUSINESSES, AS DEFINED HEREIN, DECLARING THE URGENCY THEREOF, AND DECLARING THAT 1 THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT. The city council of the City of Cathedral City does ordain as follows: SECTION 1. PURPOSE. The City Council finds that the concentration of certain "adult entertainment" businesses in the City of Cathedral City will tend to result in the blighting and deterioration of the areas of such concentration. Accordingly, it is necessary that these businesses be regu- lated in such a manner as to prevent the continued erosion of the character of the affected neighborhoods. Pending further study of these deleterious effects and the development and adoption of appropriate remedial zoning re- gulations, it is necessary to prohibit on an interim basis the establishment of such "adult entertainment" businesses within close proximity to existing "adult entertainment" businesses, residentially zoned areas, and schools, churches, youth clubs, parks and playgrounds, so as to avoid substantially negating the ultimate effect of such remedial regulations. SECTION 2. DEFINITIONS. (A) As used in this ordinance, the terms "Sexual Conduct" and Specified Anatomical Areas" shall mean as follows: (1) "Sexual Conduct" includes the following: (a) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; (b) Ultimate sex acts, normal or perverted, actual or simu- lated, including intercourse, oral copulation, sodomy; (c) Masturbation; and, (d) Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above. (2) "Specified Anatomical Areas" includes the following: human genitals, pubic region, buttocks, and female breasts below a point immedi- ately above the top of the areola. (B) For purposes of this ordinance, the "adult entertainment" businesses listed in Section 3 hereof are defined as follows: (1) Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or des- cribing "Sexual Conduct" or "Specified Anatomical Areas." (2) Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing "Sexual Conduct" or "Specified Anatomical Areas." (3) Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "Sex- ual Conduct" or "Specified Anatomical Areas." (4) Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, elec- trically or mechanically controlled still or motion picture machines, pro- jectors or other image-producing devices are maintained to show images to 000277 five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by emphasis on depicting or describing "Sexual Conduct" or "Specified Anatomical Areas." (5) Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguish- ed or characterized by an emphasis on depicting or describing "Sexual Conduct" or "Specified Anatomical Areas." (6) 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 "Sexual Conduct" or "Specified Anatomical Areas." (7) Escort Bureau. Any business, agency or person who, for any form of consideration or gratuity, furnishes, offers to furnish, or arranges for persons who will accompany other persons to or about social affairs, entertainments, or places of amusement, or who may consort with others about any place or public resort or within any private quarters. (8) Massage Parlor. Any place 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 as part of or in connection with "Sexual Conduct," or where any person providing such treatment, manipulation or service related thereto exposes "Specified Anatomical Areas." (9) Model Studio. Any place where, for any form of consideration or gratuity, figure models who display "Specified Anatomical Areas" are provided to be observed, sketched, drawn, painted, sculptured, photograph- ed or similarly depicted by persons paying such consideration or gratuity. (10) Public Building. Any building owned, leased or held by the United States of America, the State of California, the County of Riverside, the City of Cathedral City, any special district, school district or any other agency or political subdivision of the State of California or the United States of America, which building is used for governmental purposes. (11) School. Any public or private educational facility including child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, colleges and universities. "School" includes the schoolgrounds but does not include facilities used primarily for another purpose and only incidentally as a school. (12) 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, may congregate, assemble or associate for the purpose of engaging in "Sexual Conduct" or exposing "Specified Anatomical Areas." SECTION 3: PROHIBITION. For the period during which this Ordinance remains in effect, or until such time as a permanent "adult entertainment" zoning ordinance is adopted, whichever should first occur, no S p person shall cause or permit the establishment of any of the following "adult enter- tainment" businesses, as defined in Section 2 hereof, within 2,000 feet of the property line of another such business or within 1,000 feet of the property line of any church, school, boys' club, girls' club, or similar existing youth organization, or park, playground, or public building, or within 1,000 feet of any property zoned for residential use or used for residential purposes: Adult Bookstore, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, Adult Motion Picture Theater, Cabaret, Escort Bureau, Massage Parlor, Model Studio, and Sexual Encounter Center. -2- 000278 The "establishment" of an "adult entertainment" business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described in Section 2 hereof. SECTION 4: PENALTY FOR VIOLATION. Violation of this ordinance is punishable by a fine not exceeding five hundred dollars ($500.00) , or by imprisonment not exceeding six (6) months, or by both such fine and imprison- ment. Each day during any portion of which any violation of this ordinance is committed, permitted or continued shall constitute a separate offense. SECTION 5: DECLARATION OF URGENCY. This ordinance is urgently required in order to immediately preserve the public peace, health and safety by halting and preventing any concentration of "adult entertain- ment" businesses. The concentration of such businesses has demonstrably resulted in a proliferation of criminal activity in the affected areas of other cities and has further had a blighting and degrading effect upon their surrounding neighborhoods. In order that the deterioration of such areas of this City not occur while the appropriate permanent regulations are being developed and adopted, it is necessary that this interim ordinance take effect immediately pursuant to Section 65858 of the Government Code pending study and development of a permanent zoning ordinance hereby referred to the Planning Commission. SECTION 6: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION 7: EFFECTIVE PERIOD OF ORDINANCE. This ordinance shall remain in effect for a four-month period pursuant to Section 65858 of the Government Code of the State of California, unless sooner repealed or other- wise modified, and subject to any extension of the effective period duly enacted pursuant to and in accordance with said Section 65858. SECTION 8: EFFECTIVE DATE--POSTING. This ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council; and the City Clerk shall within 15 days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was adopted at a meeting of the City Council held August 4th, , 1982 by the following vote: AYES: Councilmembers Case, Krings, Martin, Smith and Mayor Murphy NOES: None ABSENT: None MAYOR / -3- 000219 ATTEST: /2) / I- 29-i CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: dr 4fk- lika,.e"--,"'44e---- CITY ATTORNEY CI '' MANAGER (HEREBY CERTIFY THAT Mr FORMOING ORDINANcc ND 4 7 WAS DULY ADOPTED BY THE Car COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A MEETING THEREOF HELD (IN THE 198 , AND THAT SAF-tF WAS POSTED DAY PUBLIC PLACES SPZ.CrFiEU }OR SUCH POSTINGS, BY THE SAID , CITY COUNCIL /46/ ' .AIP le. !A/Ate CITY CLERK -4- 000280