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HomeMy WebLinkAbout83-30 ORDINANCE 5 OF 16ORDINANCE llO, Ns— 1325 Pi,GE FIVE c6mpetent jurisdiction, such decision shall not affect the vali- dity of the remaining portions of this ordinance. The City Coun- cil of the City of Sinta Ana hereby declares that it, would have Adopted this ordinance and each section, subsection, sentLnce, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be,declared invalid or unconstitutional. SECTION 6: This Ordinance amends those sections of the Santa Ana Muntclpa Code which were established by Ordinance: No. NS -1287, adopted on January S. 1976. The adoption of this Ordi- nance shall not in any manner affect the prosecution for violations of Ordinance No. NS -1287, which violations were committed prior to the effective date of this Ordinance. SECTION 7: URGENCY CLAUSE. Pursuant to the provisions of Subsection; (b) Of section 36937 of the Government Code of the State of California, this Ordinance is for the immediate preservation of the public peace, health, and safety and shall take effect immediately. The facts constituting the urgency are as follows: The purpose of this Ordinance, as is evident from its content, is to,enable the City of Santa Aha to abate the type`ot public nuisance being committed within the City, The City Council deems the showing of lewd films, as' defined herein, as being'a public nuisance contrary to the public peace, health and safe4y ofthe City and its residents, This Ordinance: wakes certain changes in previously adopted and effective Ordina-,ce N5-1287 required by ''he decision of the California Court of Appeal in P'eoole ex rel. Camil v,, Buena Vista Cinema 120 Col. ptr, ai�t), ine City Council ueems it necessary for the immediate preservation of the public peace, health and safety that immediate action be taken to abate said public. nuisance pursuant to the terms of this Ordinance, Adopted this 4T..h day of ottobe► 1976, by the following iote> AYS.S, COU'rILMtN:Ynmainoto, 5ricken, Ortiz, G`arthe. Evans, Brandt, W;xrd ' NOES, COUNCILMEN; Nano ASSE?(T, COUNCI1.MO:"ldne MAY ORDINANCE N0; NS -137.5 RAGE SIX October Adopted as a ..._._._._....e r regular ordillance the 26th day of 1976, by the F n 1 1 a `g w n� y pae AYES,. COUNCILMEN: YamamOtp, Ward, Orrtiz., Carthe NOES, COUNCILMEN: Brandt ABSENT, COUNCILMEN. Brickan, Ev,ns rIAYMR j J ATTESTS C1.ERA OF iH G UtiCIL APER OYF.0 AS TO FORM: KM t -'GbW CI Y ATTORNEY ' tl+t tHatquRly In�lltU:> 11 is A fQLL. lNUL ANO L'Uhhcct ary Of T11t JAWNAL dN VILt Itl tt11S oilitt. fLl]NtkC[ 1. LlAtdttt titkX Of INt ChU,�LII„ tlrT Ot :ANIA AhA n;rulr 1 ' i ?XSOLUTiOl� ti0. 76-1:54 OF T pal MSOLUTIO� a ,IJP r C p�'iSdiNG I3`''�' a-- DET-' Yn.v or RVAL1102Ro I-LTTCBv-'LL IT 5�i5 c 5='�17-a S' ti' OS7,I�"r? X,OC,-sT- D �' IS I:1 Isr . •Tiff � ZrOiIN726, OF CITx Or �` A CELI A A -C. � 1325 � TO 3� � �-S ORD ..-- NG Su ACTV:. g 4%11 0 nrpY ... $ j CY,� Z,i t -s-• T ANN, yG�, ^VrJICIt " . CRDs. IGSs, v 2iUxSru XSnT=-ii--.:1 OY r1Ta"+ SL_, or a w 5itl�Ts 10 A,= G hY S 7U� 1Z-l� 7o COI.i,Y coat, ;azcxp. the 4y at RE DI+'Kr=aa by �F Gaunca� o. T'S S the of Govern-" 3$7 /'1 a Sante F,na wW Sect:•an y , e. B06? O c,crl jre ptuss:n� . ,Lac�.Sla v '. Council �. e l 1 mn,c^. ..via C= - -, ()-40—i s�� Opr;C unLch ,u� dons:. —aces a�nL��uar�+ f '1976 , aalath y of did on X14' .� a g�yec jive Y..j. sana t�':.;w Sante nnz , 1 "E7 wh&ch be .asp did sucier,ede ts.:5nn�y O;;,_.-nance ice :�o .5 t ] 9'76 , Ana' adooted as an i97 6 „o bccp;ne " as rebsua=^ .� ----- IM L:.. S aY ar"ce acciw r e �4, th y upon aao? =- wv . anta )\.na on y e .x lace ;n' ttie c , n as a reVlar eti`ec- vd eve_a' ? licyv ex.n%b .` �� �_ —C w -c:: o»' Wd t r , {11, lev fl?sti ..��qp `ea ate` licly a.-�d =e�y 'i�ian,tp wbera- f ,,u °�A__, r`� tir. �«, p - ",.�a c. - ewd - - • " ose og SUC % exh hjb3t5.d:s: xySsessen Qr ' hibited t o. z i5 ii 'i' ciy �;du.b-- a publa.c ns;ce. ra wtSa C:l �ualic L y y and uc.' p oset a '? a wcc c,e: s sn'2 ea�eu' for" s to be a or an ttd or posy - aove1 a E Or ; �' uncle=` ln5 ce on the �l�c o st�c:� n s and after spr~1 son --lean I �h;5�pand a C. F..o ran$9e,r or pe -s 0_d:rianrcf or ac-:1'.00ordri "n-1 edijb'�+s is h e%hj-b- au nage a ccr"• �ye'Resolution . . to s `' pincc :�pv of r»`ie gesol $�`adZissLon orzG�� prc�aer� used card«i ads C. aid ,hc= eaf .cr1CQ as arson c nuwsGc' all r,n ... r a pull ie Huls a tleclaxd pal« j dons are alp Wad �gra�Tl�al""11�1ry pJ 4, pi a conduct ari5 : =aug cart wiee copy- v�;soz� r cceiving not ce and o. -"� t� ,. ce 14S .J:s25 any ccv�" of O�d�n s,,�a px'u3n lease) mn n„ainr an , H eco ••X ^"bl,' fa Ca. ified j uta au�hQri caul.tH C� "y of Srti.zea og tht Re sh l nawn f �RY 11;� M ace; ~erl,hoz oo vas yc braf0nosse ,,e a p- _5an 'Who t Or Gp r e r�t� u. -;e o. cc i. kibl;.cl'� �ecula3nd nea:edl°! sn,rage f gibs axa P a the .e, i s where lewd such exhibit on �ub1,CIV ose ai leWd .� - py such ,,utµbi"��annac for eY.ti P ... a sa.ngle x . 4 �� ht r, h n ose Or Whcor pasaessed .pr 'nowledge og " i s f th lee=' i;ed, 5 axsan "4hp r,as .',�tiss }i.1 uNiori atidbe liab cicCmed o bG w Czrlwha ?Ce and vena ce f and shad P urpdses og emai l ;or Lts rcyn t.harfOr. dt 4 Sect:l'G:� 2. pursuant to thecwn�is cos a� Ord nance NS .1325 , he Cicy Council of Sanaa ivna rakes the ;follow! ng findings of fact concerning the inen :i t} of the mots.on' pictute i films which have been and are being exhibited at' the "l14ttchell Brothers' Santa Ana Cheater"': A. Upon the instructions of the Santa Ana City xttarney, a cAntiruous su,-veillance of the films being exhib- ited at the "Y tchell Brothers' Santa Ana Theater." has been Maintained, surveillance shows ;hat,' during the t:eo-tnont.h � period from November 28, 1975 ..hraugh September 1976, approxi» ` mately 13 programs have been exhibited at said theater. W tit each prograsa contain—Ing one or more motion picture fi?ms. Tilt; titles of the .!.i',rIs exhibited at each of the 13 programs and this AP- I prod ra tee: playing date O, each is set forth i_-t. rnclosur 4 A to this Resolut.oz. B photographic t=' e-motion studies of '-he 26 wot'on picttlxe snails and previews exhibited at the "uitchell Bothers' ' Santa Ana -ties te'! " dtL: _ng the ten month period from Novontbax 28 . } 1975 t.ttiroug6 Septa: 1576, be nc prog_a^5 1 through L3 desµ cribcd in Enclosure ,,,, have been prepared and have boon > Il.ed �&.nd the members of t .T City Council have wsth the City Cnt_.zc:.l, .. examined the p:sotographis content, i..ano�stsat n each of such won studies. Section 3. ?u_suant to the crov:saas of 0-dinncs NS. 1325 ori;: g2sec upon the evidentiar- facts refer-rdd to in Section 2 above, the City Council of Santa xna makes the fallo4 ng f nd41gs al acs conce=Hing the character and Hast e of the'aforesnentioned Motion o cwi re f Las whin: have been, and are being,, exhibited at the "b':tchell Brothers' Santa I.na 'heater" A, Mach c'� the aforementioned 26 motion picture fibs and previewt which ;gave been exhibited at the ':iitciell brothers'. Santa Ana ":heater" as a pa.^~: of pro9rans 1 t.'Lsough 13 is a .lewd fill as de�itted in Section 1.2- 101 of the San-:a retia Munici- pal Code, in: that. (1) the average person, applying con: ertr)0=1 ==Unity standards, would „ind }ha:, ; hen cons:.cie_-ed as a whole said i_'Ust appea,l.s to the prurient interest, and (2) said filta r'tepicts and dascr>bes patently of ensile :epre8en ,- atiohs and desc,iptions of til.tizate sexual acts, and (3) said film possesses na serious literary, attisr:c, Political, or scienti-Aic Valtie. The patently offensive reoreseatations 3Aa dese:iptions which are referred to axi clepi.c..ed on the in- dividual Photographs a the above dtzcr:.bed time-mot�.on sttudi�s which have been examilidd by the: City Coterscil, and such studies are incorporated herein by referanca. Seraiota .y : All licenses and persc is which have been peratio i,5ueti a:. a par: a:or, e: the "N,.itchell T3xathe: Santa Ana Theater" are hdtenby revoked, subject to cc:tdiw-mation by the Coo.``., in judicial procetdings redtti:ed herein, rrnal proceedings for tLransacting business wit'totit a license at the "Hitchell Brothers' Santa Ana 'Theate»" shall not be riled un- til the ordd- of license revocation by the City Council :Bas been confirmed by Judicial artier. Section 5.. ptLrtujnt to the provisions o: Otd h;i-bca NS 1325 , and r:asa't. open eviaer:ia��+ facts contained its the business records kia and other dVid ow the City o„ Santa. ercp an :s 1e w th the Ci Council it taittets pe:ta? ni.:tsl to the 'Mitchell-9rothars' Sahta 1,na 'Theater", �:hich are i,ncorporat� heieih by refsrende as though set forth he esn in Lull, the Civ Council of 5ahta nna r,.akes the lollowin! lhdings Of gvct With :aspect to the plate cottlOnly known ... as the "rtcttell s3roth4rs' Santa arta :"hewer" 2 A. ere is presently located in the w'� of Santa Ana a motion picture business car-.jonly known as the ' _• ?,Mitchell Brothers' othe�s' Santa ,Ana Theater" do;ng business upon real property Xnown as 1.565 west 17th Street, Santa Ana, County of Orange, CalifozIia•* being: That portion of Lat 3 of the :abury Tract, in the'City of Santa Ana; Caunty of Orange, State of California, as per mao recorded in Book 165, Pace 301 0' Deeds, Records of Los Futgeles County, Cali»ornia, described as follows: Beginning at a point North 00 48' 00" East 367:72 feet f-.== the Southwest corner a« that certain parcel of land described in Parcel 1 at the Deed recorded uay 7, 1953 in Hook 2499, Offwcial Records, page 293 o records of said Orange County, said point of beginning being on the westerly Line of above =nticned parcel at land; thence Na—r�h 0' 4V 00" East 250.00 feet continuing a!--ng said Westezly line; thdnce North 29° 49, 00" East 90.00 feet, leaving said Kesterly eine; thence South 0' 48' 00" 250,00 feet,, thance South 090 49' 00" West 90.00 feet to the Point of be- 9=ng n. '=he motion picture business co:-�only known ass the *ZUtchell g.-others' Santa An Theater" located at 1565 west 37`..h Street, Santa A.na, Cali=c=ia, is a putit-lic nuisance, being a place where lewd f1lias axe pt:blicly er_h_4biNe6, and possessed Lor the purpose of s�cil e-chibi.tion, as a :,egular Course of business. l?c Golden nate W: 'Unitad ;%Ztis 5 Ti1$iit�'05, y Avenue, San Francisco, Cali forn-1 a 94102, is the Lessee Of the real property cmmmorly known as "N. tchell Brothers' Santa X a ;heatar": l?: '10IaZ Dot 1 is the sub-lessee or assignee of the latinciple lease of the7 real properv.,' cO==nly kno4m as the MHitchell Brothers' Sant.: Ana }heater", 1555 West lltd Street, Santa ;sna, cajilornia. A5 l z ran Fictier Co . r a Partnership, P .0 , Bak 94j Srsita A.za, Cali<o air 9270., is the owner of the real property coccaonly }mown as `t•li chell Brothers' Santa Ana Theater", located at 1565 West 17th 5txdet Santa A.naj Ca.li_atzia .,.rus.. and SaVin s, + " r'1171eri"C'.l ;�a,t.ional '" j" �" A .tociati.oh, a National !Baylk, 4n5 . �tissaciation; is the Owner of a security interest -in such real property, as sho',.n on the asaber 10, 196.5 i.a Book 766(1, Txattr Deed recorded on Sept Page 155, Ufficizll Records G: iK,Pis Theatre Circut, Inc., is the holder at .4 businets 1:. ;sa issued h'y the City of Santa Ana, far the operation o3 ,,,a busi.�ess conducted upon the teal property cofttonly known a-i the "Rit'thtll Brothers' Santa Ana :beater'; 1565 Yves: 17th Street, Santa Ana; Cali ornia: � . ,T =4 bot 2 is the oroebtor, WCUHN' AOS 3 it the malinger; and 00 DOE 4 is the at%inc manage oteperson in. } ch& ge of the establishment commonly known at 'Xitchdll Brothers' Sana Ana '`Sheater", located at isa5 Nest 374h 5ereet; Santa :.na, Galifarnia, MEL A Sect 6'• United rlrtists T; Boner Co., a P,r»:ershi 1eaters, Savin P, Bank of ^merica Nacional` Allison g' ^ss°dation, :d.9,F.G. Theater Cc+ JOHN DOES I ah Iz. St: and legal, equitable ticlend all other .� s_tr xnc.r and West 17t:� 'n tke real roponsvof record, having Street. Santa Ana' C31iEorY:ia, on whno� I56S thei motion Pict a'S Brother,- ure Business commonly known as Ich is located Santa Ana Theater" are.the "Mitcholl City Council hereby inEo=ed hg'ven the °torte; •, dete.r»:ized that i n6tice that f 1 P tl located at a public nuisance ePci tshon California; namely 1565 West 17;-h SC.ree and tbac the Mitchell 9rothar _t, Santa ��ntt, nspon Section 12-103 of s Santa Ana The, they are �esporsible therewor uco the Santa. Ana tz service of a cera ir. copy of n receiving rioti. Z�CiP°u Code, Z1ed the ordinance gh COE'Y of this ' solution, and Pesmit_z he=et°fore ± a and a cer�ified 17th s4r'eet, 5a:t a �aued ,.or (thea?r and all Iw annes and Cal ._oznj zeroyses known a3 1565 Wont the Provisions set Eox-.h in Sectia� a�a `ereay =evoked .na ,�uniri a! Code: and an 12-104 (D) of the Samaer B. 1:erebv Ordered ' 33773 and Sectiort 1?�1a4 (S) o£� cr Goves'.'`.ent. Code SfIeta.on i i I3. All potitivc prints of the abovrrloscribcd 26 lawd films and previews are connidcred,to be the subject Of forfeitures as provided fo c°ntraband and (G) (3) of the Santa Ana Municipal Code. r iri Section 1''-104 C, From and after service on the plaL dr its manager, or acting manager, or person thcr. in charge of such Placa, of a certizied copy of Ordinance NS, 132h and a certified copy of, this Resolution, any and al thereafter as admission price to the exhibitionmofcYs paid films are considered to be a such lewd Property used in conductin public mulsancc as personal ining and that a forfeiture.of theasameaandaothcr admission will be requested in the judicial ;and tithe ission fees Ordinance no gs required by Section a A. The City Attorney is hereby ord,,red to provide for delivery of. a certified copy of this Reno and a certified copy of Ordinance ?;5.1,325 in any Used to effectuate personal sey l m.lnner normally in Cade of Civil ire procedure, Section 415 �Octll�oughd415c ad to United Artists Theaters, trice, Allison Hont!r Co., a Partnership; and JOHN DOSS 1 through 6, and to all other Persons of re=rd--haul xg,any legal, or equitable interest in the real property, known as 1565 Wes' 17th Street 9 Calt.fornia, on which is located the motion ants Ana, conxuonly known as the "Mii:che:ll �zotmoti Santa Ana business and to the manage or acting manager or persons i4 charge of said establishment. ` B. The City Attorney is hereby oxdA as ciIto tacd in Section 12-105 'of the Santa ~red to proceed and to take all steps and do all thin r ;1na to Code, such nuisances and Obtain the ret ` 4� het: ssary to abate through the judicial re -1 dr:�ign:ltpd therein, proceedings specified wherein; OPTED this 16th day of October ,vote by the following 1976, AXES, COUNCIwitt `c`amamocn I3t'andx; Ortiz, Ward NpES, COUNCIL"trut gone A$5%ti7�.r COUNCILtit,N nrickan, S'at93 Afl5T,12NhA, COUNCILM N; Gartho ATTLS`i' . ,7 , �..f t•111Y0� CLE1tK Uk' 2'lIE COUIJC.IJ "'"" "PAOVIM AS TO J?ord,f �}C)rlTil I,. c.UcY CITY ATTnttNEY 111E 1gNlt'ttlftq Jil inu5sthr t; A 1`111t. 10.1ii, Attu jtdn;ta z� w t11-, tC1laY 1. nor 11ft Itl llg4 n lttC I LY:Yt, t, t , u,1;6i. 13 it *. titer 111:;11 114. city 0( q ; �o W.._. tL0km1 1, IAAIoNr mow..._. i Pit'JGFv.M F1 e TURF DATA: l 1) Sodom & Gomorrah 11/2a/7S 3) Behind the :teen Gooz 3) Resurrection Of Eve 1.1./29/75 2 1) Ilnyone But Hu HuSba nd 1/22/75 Preview .The Milk Lady" "beneath the 'errazos" 3) "Lai3y on the CouCh" 3 1) Inside Marilyn Chawbers 1/28/76 ) Previews 3) The, Fireworks Womac: 4 1.) kash I d 2/24/76 2) Pnoviews 3) Sexteen, S 1) The Milk: Ladd 3/10/76 2) ire�views; " cony of Joanna" "sLu=e= of La=a4 3) The Rilk Haid 6 1) 'Beneath the Mermaids 3/23/76 2) Previews: "Story of Joanna" " "Sturse � 'o f iauxa " "Sza of �t,_na" 3)ouoh of Gczie 7 1) "The Story cyl Joanna` 4/q;#j76 ) P=evicws: "Sip the Wine" and "ca-".7a1 Heaven* ' 31 Short xeatre "T»t mo" t� " g 1) r=eviews "Defiance" 6/02/76 2)"si the Wine" 3) 'Temlaaha Pantasiels" 9 11" Vraviews: "camit.1 Heavers ■ fi/ga/76 Hones moon sweet 3) The Defi:andc 10 1.1 Varna-1 Heaven" a/11/16 2) P»-eviews 3) °Lowe," Inst & Vio3enee' 1S 1) Crsm3 ng e w «s a "bang j HasSg" 7/06/!6 21 aThe 'Stl=er of La'Wxa" 3) "Anyone But My 1311sband" 12 1) mwrried 140ilab a 16/76 ` 3) One of a kind 3 1) �ltitobiography of, a Flea, 9/05/76 (Only Feature) { %INA vp 3R . T . Ngi4JCE N0. 2'36„_ • ' CITY ®;�' P 151:0 BENCH ORDIIJF-NCS OF THE o-• THROUGH 9.32.050 r t r A•DDIIJG MECTIONS 9.32.010 UNICIPAb CADE DECLARING THE O.'�YZR- TO THE C. EXPLOITATIQN OF PAlIL2�lSYA©D• THEATERS ' SEY.Up,y CONDUCT IN LtWD- EXHIBITING THE Stl4E TO BE A PUBLIC NUI A?JCE 7 -ND ORDERING THEIR ABATE1f,ENT; pROVIDING FOR REGULATION OF SUCH BUSINESSES BY REVoyING THE ALL LICENSES WEU PEWdITS 5U3JECT TO CUNFIR.'•',P_TION IN COURT PROCEEDINGS ,� the City Council. of the City Of 3E IT OR.DA IN :-D by Pi-smo Teach as follows: e of the City of SECTION 1 'iTie T•;unicipal asnended by Oodaaaing thereto Sections pi_ mo aeacia is hereby as follaw5 g 32 03.0 _through 9 .32..- 050 , .32.010 Definitions- . Section 9 _ means any motion picture film. (.) Lewd Film applying con 1) Wrage person, when which the e standardsWould 1 wo �h��f find, . ten, co•nunity - • d a whole, appeals•e -... _ _ e as .. - nxur n. 1c,er _ .--cons _ .. _. - Interest, • -- patently which depicts or describes ,rens) representations or descriptions of (a ul`mate sexual acts, normal or or simulated; or perverted, actual rnzsturbation, excretory iuncital (b) - ares- or le wd exY►bition of the genitals ,os 5enstal ' ,. - 'intende3 to include ox' wholer. Nothing her l con �a nwh n dons tiered as a seri.- f` which, when ossesses proscribe zny which it s used; P value and in the Context in olitical or SCsentxfic literas:y, artistic, P ous li1'�titea to r any includes; but is nom separate part , - ,place" lice; or any not, or (3) structure or P builds ng. whether per anent or or portion thereof r the 9,roond itself . ,.include any film" shall t (3) ,film' designed to be projected on a screen for exh5 bition ,. ,(4) .films, glass slides or transparencies, either in negative or positive form designed for exhibition by projection on a screen; M (5) video tape or- any ocher medium used to electronically reproduce images on a screen. (D) "Person" neahs any individual, partnership,, firm, associateion, corporation, or other legal entity. (E) "Xnowleage" means having knowledge of the contents and character of 'the•patentiy offensive. sexual conduct which appears in such lewd film. Section 9.32.020Lewd Films and Theaters Exhibit ing theSame Declared a Public Nuisance; Abate ment'•Thereof - _.. •. ... `' (A) ' my and revery pi ace - in the C ty or Pismo., . - Beach-'Wiere: - (1) lewd films are publicly exhibited as at n regular course of business, or possessed for th` purposes of such.exhibition; or (2) a lewd film is publicly and repeate6ly- exhibited, or possessed for the purpose of such exhibition, is a public nuisance. (a) Any J And very lewd film which is publicly t exhibited or possessed for such purpose at a place"which is a public nuisance under this sec `tion, .s' a public nuisance per. se sectiones 32- 030 Knowledge of Nuisance* Presuned rrom 5 vice of Copy of Resolution, responsibility of Parties Therefor: Abatement of such Nuisance. (A} Upon receiving notice throuah service of a certified copy of thire and of as ardnancern— lied copy of the Aesolotion provided for herein, any And every person who shall 0-,-n, leczlly or t equitably, i ease, Mair3tain, manage, conduct, the City or operate a place in Of Pismo Beach which is decs.a;red to be a public nuisance as 'set for` -and stated in Subsection (A) of Section s person who has :now- 9.32.020 is deemed nc be a P ose of this ledge of such nuisance for the AOnsible for its ordinance and ,is, thereafter, r- shall be liable- therefo_ maintenance, and $) The places and subject Tatter declar.e.d to be � coolie -nuisance under Section 9.32.020 hereof p u,'•suant to Government Code aec_ shall be abated p C, code c�f Civil procedure tions 38773 and 38773.-, .. • and Civ]. Code sections 3491 and section ?31, . 349, as provided for herein- Action 'to" be Taken by C� Section 9.32.0A0 ; CoL_�cil.. = F• what a public nuisance, . ; Upon a specific finding exists in 32.02',0 hereof,. in apply- ` • as defined in Sect1on9. the City.,Council, the City Of Pismo Beach, to such nui- = gowing by the provisions of this ordnance Resolut�on'c_ Y , n he ll : lance, Shall prow _ dor t 0 - _^ • O- . • ethe fact � that such nuisance exists Declar tiojs or Segal description Set •forth the descrip real property which con-- and street address of the stitutes the nuisance; fad CC) Set s forth a .tatement of is upon which the City Council declaration of nuisance is based; oiatr the revocation of all licenses and Per'" (p) cera mils which nave been issued {:oucon f 6 - ma - *Oh by tion of such theljudici.al proceedingsbus :r:a faired. the Court in roceedin9s �ror transacting iall. not herein. Criminal p business without a license `at.sensea evtocots}on b. be, filed until the ordex of is erg City council has been confir►ned by 'ods c� a or ive' wry-tten notice tE) Order the City Attorney to 9 abate such pub to under penal Code Section 373(a)the ex'-.. 1xc nuisances irrs,�eaiately, _.fila or falmr, or ca.usinri the hibition of such lewd saneo be terninatea; �3 t . .. N,..!.MI..H:1✓Ji.M'.a..;.;,..r±� WYE+ i f e City Attorney to proceed as (g) order the do �l1 directed' i, Section 9.32.05such public nuisance ' things necessary to abate much Pude judicial proceedings and to =oncletmiss-,' through dinas as expeditiously as is P such procee, law; . ible under the (,) Inf ox: -a _,a give notice to persons nGned in Section 9.32.030 (A) that" 1 The City Council has oe terru..ned that a P,,blic nuisance presently exists at such place and; has revoked the licenses and and ada.ress, at lace, subject to Court. confrm- permts at that Foncier Section 9.32.030 (A) hereof, ation, and that, •the. eof and are are deemed to have knowledge,. they " . responsible 'therefor; 2 T=ne City Council has ordered the z�t05Q t2) for under Section 9 • J such •Attorney. as Provided to co;rumence legal proceedings naming abate hereof, , Persons as defendants in aC vi code section 3454 =Y, ,; •_ he sail me judicially under .he Code of Civil Procedure section 731, and to _- _ --. anal punitive Garages and recovery. s seek do gorycost!k of abatement, including• said action of-theCourt costs, attorney's fees, investigative costs, -, and other expeases,sed (3) All lewd "motion picture films being �- wd naioaa.n ng such public nuisances in conducting and ect, of are considered to be contraband and the subs . forfeit%lre which are ur (4) The lewd motion andtmaintwining such being used in condo 9 al rQceed wi1.1 be needed at theel�garipg in public nuisance arsdi .tion of th the court having 7 ney Pursuant to ings brought by the City Astor Evidence Code Section 1503; dna ,- its From ,,,,nd after service on the place c (5) or person then 1n charge er or acting manager, of this orainance Ofs of a certified copy any and all Of such place, of such �esolutionI and a certified coPy rine to or for the exhi=- moneys Paid as aamissidn p lewa-notion 'piC or e;thbi'cons of such e ba tion ao ed to be a uub? i nuy;,�ain` find `P tu::e files aye con,s� used in conouctn y as personal property ing such nui s and r unlaCivi1ful acts contrzry�tos ain derived from Code section 2224 file that a-,ion of an of the same 'Will be recrUe$nd that a forfeiture proceedings reQu r d hereined in the Judieial CH) .order that a certified copy lution and a certified co of Said be delivered - PY o this Reso r`orthwi Ch in any ranee=a;rc3inance used to effectuate personal service onra_;,zlAy as directed in Cod 415.10 throu e of Civil Procedu f Process Navin through 416 Of to ai to sections g any legal or 1 Persons of record property, and to E- L-able Interest Persons in chargethe secular or acting ,the real Public nuisance. bf the place therr,e,in de section Section a.37. Atto_rn Action to he Taken b Cid upon a s _• ` per1fic finding Council of the fact thatbY Resolution of . at a particular the City i ynu loco trance x;s pu (A) Port]w with - �� dots torneyeshall: n, the Ci.t A after. passe e, bum- noit- -i atei: than S-,;of- said five wor eedings andCCode under bid Coc3e'tse , comrnenceklegel Sys r . Civii P - tions �• filing of a rocedure section s 491, and'• 3. relief: civil action seekin Y�`the - - g the following (1) An order Pictures named b that the notion Y the City Counc'lPacture or defined herein; re lewd, as (2) An Order Council waPxe `r that t:he Place name is a the film Ore* d by the City pL�bl`ic nuisanCe and are being eXn bity the City Council ti-�at the action that place of to revoke taken by bLss,neSs the ]-icenses issued to ` Was IaWful (3) .P.n in . y , all a Junct�,on enjoins P, x'sons maintaining said hugs' nd restraining ting in public the the futuxe ih the na;,ed frOM exhxbi- leWd films at any tine in City of Pismo Beach,- (4 i An Order L narned xewd b�hat all positive ar�nts files a forfeited as of ..he contraband; M r • An account - adnli.ssion price to ng of t none s exhibitions or -for the e%hi 1 Paid as fx014 r of such Lewd motion ti°n or said nuas�anCer the tine picture the persons iilras, Of the receive a •copy of main�az±ing lance City Cotjs'c; the exists ,1 finding that Resolution gain derived • and &' judSmen,t thata Public nui Provisions ofrciv;l rom a cojn9yuI act. contra Ys are Public nuisance; a Section xy to the 2224, - and a �(F) An Order that or valuable cons aeraat all admission in the Court orgered received Price moneys requ xed by laS,r accouratin and enumerbted' g be forfeited as (7) Judgment for compensatory and the Cit exPenc'ed L,Punitive y of Pismo Beach far -n aAa..ln damages and for investigative 1g t��e publ• all costs ney's Tees cosec, Court costs�1lsense, i-ncludin9 i and ' °r and and Other cexpenses as able actor - -• �= .l e=�'rel1 rope- es• - _t +. :y- -t• - the Court1 •- k o � Y e rice o - th e off ; xce ofCounty f tne-genaen - San the Coon ': off tai Z T Uis Oh; t Recorder of a ctaoriw��n__ section 409, spo` purse the -Count.. • -!_ �;.- ant to giving the Code of Civil p Y of object of the action names of the n rocedure property thereb r, and z describionroies, the Y af�.ected. i she clauseSECTION 2c � phrase r If an s held to be °_ portion oY ectionY_subsectian court o invalid or = this ordinance, sentence, Of co„ ioetent unconstitutional b•, the valid ity,of Jurisdiction. the de for any reason such decision of an City= Council of P' a rem, C.1 ortionsdcf�shls sh affect adotitecl ismo a1l not this ordinance and e hereby declares ordinance- The clause, Phrase or ach section that would have an one or more Porttti-ion thereof r subsection tions be declarede neons irrespeCtiv sentence,, invalid sLbsections, clan e °i the fact seS P �;ses or that or unconstitutional. hr.• porgy a WALNUT PROPERTIES, INC. V. CITY COUNCIL 1025 100 Cal,Anp.3d 10,18:--Cal.Rptr, — .APPENDIXA _.._ .....,......,�... �.���� Sec. 9120.4} SECTION 9120.41—Provisions Regulating the Location of Adult Enterta9120.44 �IISjnPSSeS, (a) Regulated Uses. The City Council finds that "adult entertainment". businesses, because of their very nature, are recognized as having objectionable oper- ational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious cfrect upon the adjacent areas, Spe- sial reguiation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. 711 primary purpose or the regulation is to prevent the concentration or clustering of these businesses in any one area, (b) Definitions, 1, Foe purposes of this Section, the "adult entertainment" businesses are defined as follows: A, • "Adult Book Store"—An establishment having as a substantial or significant portion of its stock in trade; books, magazines and other periodicals which are distin- guished or characterized by their emphasis on matter depicting, descrit+ing or relating to "specified sexualactivities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such materials, B. "Adult Motion Picture Theater" --An enclosed building with a capacity or fifty or more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified Sexual activities" 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 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "Speci- fied anatomical areas" for observation by patrons therein, D. "Adult Hotel or Motel"—A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or re- lating to "specified sexual activities" or "specified anatomical areas." E. "Adult Motion Picture Arcade` --Any place to which theublic is invited whet�cin coin Or slug -operated or electronically, electrically or mechanicallye one trolled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five or fewerrsons armachineone t, and where the images so displayed are distinguish d or characterized by nnemphasismon dc- picting or describing "specified sexual activities" or "specified anatomical areas," F, "Cabaret"—A nightclub, theater or other establishment which features live per- formances by topless and/or bottomless dancers, "go-go" dancers; exotic dancers, strippers, or similar entertainers, where such performances are distinguished or charas- terizcd by an emphasis on ''specified sexual activities" or "specified anatomical areas." G. "Massage Parlor"—Any establishment licensed as a massage parlor pursuant to Section 4223, of the Long Beath Municipal Code where, for any form or consider- ation or gratuity, massage, alr,t )l rub, administration Or fomcniations, electric or magnetic treatments, or any a",jet treatment or manlpulaiion of the human body Occurs, "Model Studio"—Any busil,ess where, for any form of consideration or geatu- tc models who display "specified anatomical areas" arc 'provided to be J, sketched, drawn, painted, sculptured, photographed, or similarly depicted by paying such consideration o, gratuity, t. "Sexual Encounter Center" -Any business, agency or person who, for any form orconsideratibn or gratuity, provil�• a place where three or more persons, not ail mem- bets of the same family, may c. ; rcgate, assemble or associate for the purpose of engaging in "specified sexual acti.,tres" or exposing "specified anatomical areas," {Jan. 19801 4 C nm r 1026r WALNUT PROPERTIES. INC. V. CITY COUNCIL 100 Cul,App.3d IQIB;- C21.Rptr.— J. Any other ,business or establishment which offers its patrons services or enter tainment characterized by an emphasis on matter depicting, describing or relating to, "specified sexual activities" or "specified a following:. natomical areas," 2. For purposes of this_ ,Section, "specified sexual activities" shall include the A, Actual or simulated sexual intercourse, oral copulation, anal intercourse. oral anal copulation, beastiality, direct physical stimul•Sion of unclothed genitals, flagella- exu tion or torture in the context of a sal relationship, or the use of ercrctory functions in the context of a sexual relationship, and any of the following depicted sexually ori- cnted acts or conduct; analingus, buggery, coprophagy, coprophilia, cunnilingus, - W12tio, necrophilia, pederasty, pedophilia, piquc mescenceS ar rism, sapphism, xooerastyS or 8. Clearly depicted human genitals in a state of sexual stimuiation, arousal or tu- C. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejacula- tion; or D, Fondling or touching of nude human genitals, pubic region, buttocks or remale breast; �or E.Masochism, erotic or sexually or or iented torture, beating or the infliction of pain, t E Erotic Or lewd touching, fondli being; or ng or Other contact with an animal by a human G, Human excretion, urination, menstration, vaginal or analirrigation. 3. For purposes of this Section, "specified anatomi followings cal areas" shall' include the 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 geni'ials in a discernibly turgid state, even if completely and 't opaquely tovered. (c) Special Regulatlons, In those land use districts where the "adult entertainment' businesses regulated by this Section, would otherwise be permitted uses, it shall be un= lawrul 10 establish any such adult :entertainment business if the location is, I. Within five hundred feet of any area zoned for residential use; lie building. here y public or private 'school, park business; d 2. Within ne thousand feet of any other adult entertainment" 3. Within one thousand tett of an ool, ark, p playground, pub- lic h, any non-commercial establishment operated by a bona fide religious organization, or any establishment 'likely to be used by minors. The establishment" of any "adult entertainmeni" business shall include the opening of such a boniness at a new business, the relocation of such business; or the conversion Of an existing business location to any "Adult entertainment" business use. (d) Waiver of Lornlrondl Provisions. I, Any property owner or his authorized agent tnay apply to the Planning Catitmi4- sion for a waiver of any locational provisions contained in this Section. 1 -he Planning Commission, after a hearing, s.u,,y waive any locational provision, if the following find. Ings are made; A, That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; 13. Thai the proposed use will not enlarge or encourage the dcuclopr Mafit of a Laid row" area; C, That the establishment of an additional regulated use in the area will not be j contrary to any program or`neighborhood conservation'nor will it interferb with an; ! program of uirban renewal, I D. That all applicable regulations of this Code will be observed, I (Jun, 1980, r c 102./ WALNUT PROPERTIES, INC. V. CITY COUNCIL 100 CaI,ApP,3d 1018:--CaI.Rptr. as I provided in Section i 2. The procedure for this hearing amongote the sameherpother matters, the sme notice require- ; 9120.25 of the Municipal Code,able by the mcnts, the same right of appeal to the City Council, and the ,,y applicationfcesform for applicant, The Planning Department shall prepare the necessary this waiver. rovsion or clause of this Section or the application thereof (c) Sevzrab lily. if any p to any person or circumstance uJurisdiction, such 'invalidityeld to sshall�notoafiecf other 1provs ons or court of compete � ut the invalid clauses or applications of thiisnS`ndco thiscend,. the provisions na d taus�es f this See- 3n; ec- , provision, clause or applicat tion are declared to be severable. (Added by Ord, C-5360. 10-25-77) ' a l 4 1 (Jan, 0801 Y 40 I OFFICE OF' THE MAYOR .JACKSONVILL , FLORliDA 22202 I JAKE M. GODBOLD MAYOR January 5, 1,98dl i Orbie G. Robertson, L•L. Col, Northern Coordinator Californians for Biblical Morality 2960 Hartnell Avenue Redding, California 96002 Dear Lt. Colonel Robertsons '.thank you for your letter concerning Jacksonville's war un pornography. The attached State Statute 043.462, paragraph 3, and City ordinance, Chapter 326, are the two laws with which the Sheriff's Office and the State Attorney's Office combatted the pornography problem. Testing these laws in court was a long, draw•iI-C12t procedure, but we are now reaping the benefits. You may want more specific information on the pornography problem as it relate,; to your own community. Captain COttSton is the head of Jacksonville's Vice Squad, and would be happy to help you, Captain Caurston's telephone number is (904) 633-4290. l hope this information will help you to fight pornography in your city. Such a fight is certainly a worthy cause. S'ncerely ake 14. Godbold Mayon JMG,/ fyb ! i i I j 0 M43-461 Ewe n tions. --A' utied in ss. 543.46 943.465: I (1) 'Racketeering activity" to commit, to j attempt to commit, to conspire w cn , or to solic. it, m�rce, or intimidate anothe- ner= to commit: (a) Ar4 came which is t hargr'.:-aIe b -y indictment o; iutbrmation under the follow ---X- avrikions of the 1,orida Statutes, I I 1. Section 210.18, relating to txasian a ayment f of cigarette Lax -es, ll I 2, Section '409:325, relating -w pnblic assistance i fraud. S. Chapter 517, relating to sale of se unities, 4S--dion 550.24, s, 550,35, c:, s. 550.36, relat�g 1 to dogracing and horseracing. S. Section 551,09, relating w iai alai frontons, 6. Chapter 552, relating to th oma =ure, dir- tributio��, and use of ezvlosiv�. . 7. and 5621 relating to bi%vzage law enforce - Ment 8. Chaptiter 687, relating to inte�+°sf and usurious : j practices. 9, C-hapter 782, relating to hnair i3e. 10: Chapter 784, relating to a_sranitand battery. r 11, Chapter 787, relating to kid.=pp . 12, Chapter 790,, relating to pons and fire- arms. 13. Section 196.01, s, 796.08,& 196.K s, 796,05, or s. 795.07, relating to prosta;,v_aon: 14, Chapter 806, relating tc, a:son. � 15. Chapter 812, relating to :h&t robbery, and relatad crime„ 16. Chapter 817, relating to f:-audulent practices, i fake pretenses, fraud generat3z, and, credit card cranes, 17. Chapter 831, relating to fa.--gery and counter- feiting, . 18. Chaptzr 832, relating to i�stiance ofwi7rchless checLc and drafts. 19, Chapter 837, relating to p j. urs. r r i i i r bDE be a violation of Section 324.101. j • Chapter. 'VSDs 2-.,,r) Excepted, (Cid. 69-385- 266, Sec. 4) 326.105 Not Applicable to Areas Preempted to the Stste. Part 1 of this chapter shall not. relate to motion pictures, exhibitions, shows, representations and presentations, to minors under seventeen years of age, which are pro- empted to the State under Chapt,ez. 847.013, Laws of Florida, 1969. USDs 2--5 Excepted. (Ord. 69-385-266, Sec. 5). Part 2. Dissemination to Minors 326.201 Dissemination of Indecent Material to Minors Unlawful. It shall be unlawful for any person to disseminate indecent material to minors. A person is .7ui)ty of disseminating indecent materia] to minors when, with knowledge of its character and content, a person sells, lends, gives, shows, distributes or trans- mics to a minor-. (a) Any picture, photograph, drawing, sculp- ture, motion picture film, or similar visual rep- resentation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors; or (b) Any book, pamphlet, magazine, printed. matter however reproduced, or sound recording which contains any matter enumerated or narrative accounts of sexual excitement, sexual conduct or sadomasochistic. abuse and which, ta3-en as a whole, is harmful to minors; VSDs 2--5 Excepted. (Ord; 69-386-267, Sea ! ,, Ord, GG478, Sec. 2) 325.202 Definitions. As used in Part 2 of this chapter; (a) Minor means an.), person less than seven teen years old: (b) Nudity means the shawing of the human make or fet4ale genitals, pubic area or buttocks With lest than a full opaque covering; or the showing of the female breast with less than a full opaque covering of any portion thereof 'below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state, (c) Sexual Conduct means the acts of mas turbation, h6mo8exua)1ty, sexual intercourse, or physical contact vrith a person's clothed or un= Clothed genitals, pubic area, buttocks or, if such person is "a female, breast, 013SCW AND INDECENT MATERIAL (d) Sexual Excitement meads the condition of human male or female genitals when in at state of sexual stimulation or awousal. (e) Sadomasochistic Abuse means flagella. tion or torture by or upon a person clad in under- garments, a„ mask or bizarre costume, or the condition of 'being fettered, bound or otherwise physically restrained on the part of one flo_, clothed. (f) Harmful to Minors means that quality of any description or representation, in whatever form, of nudity, rexual conduct, sexual extite- ment, or sadomasochistic abuse, when it (1) Predominately appeals to the prurient, shameful or morbid interest of minors; Lind i (2) Is patently Of to prevailing standards in the adult community as a whole. With respect to what is suitable materialfor minors and (3) Is utterly without redeeming social im- portance for minors, USDs 2- 5 Excepted. (Ord. 69-386-267, Sec. 2; Ord. GG -178, Sec. 1) 326.203 Presumption of Fnovrledge of Con- tent and Character of Material. Disseminating indecent materials to minors in the course of a Person's business shall be presumptive evidence of the person's knowledge of its content and character. VSDs 2--5 Excepted, (Ord. 69-386- 267, Sec. 3) 326 004 Affirmative Defense. In any prose - cation for disseminsUng indecent material to minors, it is an affirmative defense that the defendant had reasonable cause to believe that the minor was seventeen years old or more. The defendant shall not be entitled to cels on this defense unless the =!nor exhibited to the defendant a draft card, a current driver's license. or a birth certificate. USDs 2--5 Excepted, (Ord. 69-386.267, Sec, 4) 326.205 Penalty for �'io)ation. It shall be Unlawful ul and a class D offense against the City for any person to violate anjt of the provisions of Part 2 of this chapter. USDs 2-5 Excepted, (Ord, 69-386-267, Sec, 5j 326.206 Forfeiture of Occupational License After Two Convictions, If 'taro convictions for violation of Part 2 of this chapter shall result from dissemination of indecent material to minors in the course of any business, then the 213 Supp: Na. 20 . 16sL CODE occupational license applicable to such , siness shall stand revoked, and the owner of such business shall not be granted a» occupa_ tional license for the sauce kind of b!jsiness fora Period of two years from the date ci thr second surh Conviction. USD 386-267, Sec. 6) s 2--5 Excepted. (Ord. 69. 321.207 Not Applicable to Areas Preempted to the State. Part 2 of this chapter shall not re. )ate to motion pictures, exhibitions, shows, rep- resentations and presentations which are pre- empted to the State under Section 897.013, Latus of Florida, 1968. USDs 2--.-5 Excepted. (Ord. 69-386-267, Sec. 7) I, - Charter, §3.02(27) power to prevent vice, ob"vnity, immoral. ity and lewd exhibitions and; provide punishment Publication Act. p6s.16 01 cenc �F&4i.012, �7.OT3 Snlr c�, izf�,tra�auton material minors of obscene Cases: As test of o etnity depends upon coma un)ty tay�ti. arils, trial edge and jury are better judges of obscenity th n appellate judges living far airs: 212 So..2d 66 (1968) Test of obacenit is whether average persoli apply. Ing contempora cotnrnunity standards would coy Sider the domin "t theme of the rnat.eria), take, as a whole, appeals * p: -orient interest and is sever able frorn the re t of the sta (1969) tute, 222 SO -2d 732 McQuillin: Suppression of obscen literature §24.] 7 with police paver;. Cross References: Municipal Court, Ch. Boo Class D offense, po4.101 Chapter WEAPON Part 1. Firearms )ers 328.101 Certrcate ft,obq S for License To Deal . CrifCertain FYte- f Re9uirnd arms . 328.102 Rogistry of Cerus 328:103 Pehalties for Violation 6arms Sold Part 2. Miscellaneous 1 528.20 Display of tion � and Aatmunl« Supp. No. 20 214 • 328202 ADo,wirq I iinors or Habit Drunk. uid arci To -Obtain 328.203 Fkreanns Firm or Disch�i 328x04 nx tale F"'s 'onof IfV'e Main Hand 328.205 Pos. ssi of Shart• Shot. �, Sho-rele�l -B.a.rrcled Rifle or ?Via- chine Gun 326.205 C• r5ing a Can sealed F'1 rai m 328.207' or Concealed �. ea FiringAo ,r Discycnl: Xtu Occupied emises Part L Firearms cal, 328.I01 Certificate from for License To De in Certs Firheriff Required office of the City shall issue t 2,nY No license to sell, vera ordeal in i .person a or ofber firea p Is, revolvers ryas which matt be co cealedupon the person, until such person sha ave ob.: tamed from'the Sheriff a certificate thhat such person is trustworthy. reliable and fI in, sell and vend such ret+ + to deal firearms. Any person oh ers, pistols r other certificadesiring to obta- te shall make applimtion There such full arnci I��;� writing, setting forth ftt ully :he to full hazr,c of a applicant, the applicant's p ce of business, h w long _ a ,applicant has be engaged In bus ess in the G1t, Ird ary other information tha may reasonably be rt�aitxd by the Sheriff. e Shehff is hereby vested orwit full power an discretion to either p -r -ant or withhold such c riificaie in any case, and shall only issue such ertificaie to ;such appl cant. s, shall fully= sa `5fy the Sheriff of his fitness, responsibility a ' reliability to car sale on the sale of such articles, ISDs 2.- 5 Eacepied (Ord, 70.95.76, Sec. 1) 328:102 Registry of Ce (a) Rep-istry Required. \onb Firearms Sold. pistols, revolvers or firdealer selling concealed u' eahich may` be upon the person, eep a registry or record of such stales in a open during business hour hicla shall be Sheriff of the 'City ortion by the designated by him. JJacbpo a officer pistol; revolver or fjreapto hom any concealed U, the the ich ay be rin pe�'son ior of erase disposed of by a dealer,shallfile's tti nd signed a}atement shoR incorrect ame alba addresa, and such iafoll ph bepromptlyentered in ouch es tokether with a description of the 3cindr make, !I- 17400.070--1'7.32.010 17.30.070 Parking requirements. The general provisions of Chapter 17.50 shall apply. (Ord. 297 §253(g) 1977). 17.30.030 Sign. requirements. Sign requirements in any H -C district ;are as follows: A. One sign r, -.ay be erectedin conjunction with any commercial use, except that two signs may be allowed on any corner lot,. No such signs shall exceed one square foot of ar::a per each front foot of buildings; B4 One detached single pole stationary sign not to exceed thirty feet in height for each developed parcel not exceedi: one square foot per each front foot of building, but not to exceed one hundred square feet in sign area;. C. In the case of any illuminated signs, such illum ination shall be directed downward or toward the interior of the commercial lot and no flashing lights shall be permitted. (Ord. 297 §253(h), 1977). 17.30.090 Screening requirements. Incidental storage and accessory vases and buildings, including outside storage operations shall be screened or placed so as to conceal any noise, smoke, odor, vibration, direct illumination or vi- sually unaesthetic arrangement of objects. The planning commission may approve the design of such screening. (Ord.. 297 §253(1,), 1977).. Chapter 17.32 C=X DISTRICT Q41 ections: 17. 32.010 Definitions. 17.32.020 Establishment--Hearing--Notice, 17.32_.030 Use permit--Cranting. 17.32.-040 Use permit --Revocation. 17.32.050 Permitted uses. 17.32.060 Prohibited activitles. 17.32.070 Location restrictions. 17.32:010 Definitions: For use in this chapter, the following words and phrases a'pplye A. "Adult" as used in this chapter, refers to persons' who have attained the age of at least eighteen years. B. "Adult book stores' means an establishment or busi- n"est having as a predominant part of its stock in trade,:, books, magazines, photographs+ pictures and other periodi- cals which are distinguished or characterized by their ernphas"i5 on matter depicting, describing`, or rel*tin.g to 305 IS 170,. 070--17. 32. 010 0 17.30.070 Parkin. re uirementa. Of Chapter 17.50 shall apply, (Ord." 297he general provisions 5253 (g) , ,1977) . 17.30.02 —Sign re uirements. any H -C district are as follows: any requirements in A• One sign -may be erected in conjuncti commercial use, except that two signs ma on 'With any any corner lot. No such signs shall exceedmabeynllowed on of area per each front foot of buildings; g,are foot B. One detached single pole exceed thirty feet in height for each. stationary denary sign not to exceeding one square foot per each front foot of pbuildinnot g, but not to exceed one hundred square feet C• In the case of any illuminated si in sign area; nat-ion shall be directed downward or towarssuch - of the commercial dtheinterior lot and no flashing lights shall be permitted. ('Ord. 297 5253(h), 19'17) 17.30.090 Screeniria re uirements. Incidental storage and accessory uses and buildings, including outside storage operations shall be screened or placed so as to noise, smoke, odor; vibration, direct illuminationnoraviany sually unaesthetic arrangement of objects. The Planning commission may approve the design of such screenixtg„ 297 §253 (i) , 19.17) . (Ord nfi ec;:ions 17.32.020 17. 32.030 Estabi5,shment--Hearing--Notice, use C h ---aa p tt e r 1_x_2' C=x DISTRICT 17.32.010 Definitions. 17.32.020 17. 32.030 Estabi5,shment--Hearing--Notice, use r 17.32.040 per?nit--Granting: use permit—Revocation. 17.32,050 17.32.060 Permitted uses. Prohibited 17.32.070 activities. Location restrictions- . 17.32.0,10 following words Definitions. For use in this chapter, the ,and phrases, A. "Adult" who have attained apply; as used in this chapter, refers to the B. "Adult persons age of at least eighteen ears; book store" nest having as a, books; magazines means an establishment or busi- predominant part of its stock in trade, Ph pictures and other periodi- cats which are distinguished Or characterized by their emphasis on matter depicting, describing or relating to 305 -. Chapter 17.32 C -X DISTRICT i� qections 17.32.010 Definitions. 17.32:020 Establishment--Hearing--Notice. r 17.32,030 Use permit --Granting. ' 17.32.040 Use permit --Revocation: 11.32. 050 Permitted uses. 17.32.050 Prohibited activities. 17.32.070 Location restrictions: 17. 32,010 Definitions. For use in this chapter, the following words a3,' phrases, apply: A. "Adult" as used in this chapter, refers to persons who have attained the age of at least eighteen years, B. "Adult book store" means an establishment or busi- ness having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodi- cats which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 305 1710.070--17.32.010 17 30.070 Parking.requirements. The general provisions j of Chapter 17.50 shall apply. (Ord. .297 §253(8), 1977). r 17.30 080 Sign requirements. Sign requirements in any H -C distric are as follows: be erected in conjunction 'with any A. one sign may commercial use, except that two signs may be allowed on any corner lot. No such signs shall exceed one square foot of area per each front foot of buildings; B. one detached single pole stationary sign not to exceed thirty feet in height for each developed parcel not exceeding one square foot per each front foot of building, but not to Exceed one hundred square feet in sign area; C. In the case of any illuminated signs, such illum- ination shall be directed downward or toward the interior of the commercial lot and no flashing lights shall be permitted. (Ord, 297 §253(h), 1977). 17 30 090 Screening requirements. incidental storage and accessory uses and buildings, including outside storage operationsshall be screened or placed so as to conceal any noise, smoke, odor, vibration, direct illumination or vi- sually unaesthetic arrangement of objects: The planning commission may approve the design of such screening. (Ord. 297 5253(1), 1917). Chapter 17.32 C -X DISTRICT i� qections 17.32.010 Definitions. 17.32:020 Establishment--Hearing--Notice. r 17.32,030 Use permit --Granting. ' 17.32.040 Use permit --Revocation: 11.32. 050 Permitted uses. 17.32.050 Prohibited activities. 17.32.070 Location restrictions: 17. 32,010 Definitions. For use in this chapter, the following words a3,' phrases, apply: A. "Adult" as used in this chapter, refers to persons who have attained the age of at least eighteen years, B. "Adult book store" means an establishment or busi- ness having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodi- cats which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 305 17"-10.070--17.32.010 \F 17.30.(70_ Parking requirements,,. uirements,. The general ,provi�;ions Of Chapter J7.50 shall appYy. (Ord. .297 9253(g), 1977) 17-30, 080 Sign requirements. Sign requirements in any H -C da.a trj­• t arra as follows: A. One $ign, may be erected in conjunction 'with any commercial use, except that two signs may be allowed on any corner lot. No such signs shall exceed one square foot of area tier each front foot of buildings; B. One detached single pole stationary sign not to exceed t.hirty feet in height foreachdeveloped parcel not exceedir.�g one square foot per each front foot of building, but not to exceed one hundred square feet in sign area; C. In the case of any illuminated signs, such illum- ination shall be directed downward or toward the interior of the „ommercial lot and no flashing lights shall be permitt°.k_:d. (Ord. 297 §253(h), 1977). 17,.30.090 Screening requirements. Incidental storage and acces5or�� uses and buildings, including outside storage opera(,ons shall be screened or placed so as to conceal any noise, smoke, odor, vibration, direct illumination or vj.- sually unaesthetic arrangement of objects. The planning commis,on may approve the design of such screening. (Ord. 297 §233(i), 1977). r Chapter 17.32 C -X DISTRICT ns,, i1 17:32.010 Definitions. 1.7.32.0.20 Establishment--Hearing--Notice. 17.32.030 Use permit --Granting: 17.32.040 Use permit --Revocation. 17.32.050 Permitted Uses. 17.32.660 Prohibited activities. 17.32.070 Location restrictions. 17.32.010, befintions. For use in this chapter, the f011Owing words and ;phrases apply; A. "Adult" as used in this chapter, refers to persons who have attained the age of at least eighteen years, B. "Adult book store" means an establishment or busi- tress having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other period' whit -h are distinguished or characterized by their emphasi?, on matter depicting, describing or relating to 305 170,070--17.32.010 17.30.070. Parkin Of Chapter 17.50 _aa are uirements, PPly. (Ord. 297he general Provisions 17.30...080 _ 52a3(g), 1977); Si n re follow :- Sign requirements in any H district are as follows:— A; One sign may be erected in con' commercial use, except junction'wth any any corner lot. P that two signs may ;be allowed on of area N4such signs shall exceed Per each such foot of buildingone square foot B• One detached single S; exceed thirty feet in height pole stationar exceeding9 for each y sign not to but not one square foot developed parcel not to exceed per each front foot of se hundred square feet in building, C' In the case of an sign area; ination shallY illuminated signs, such 11um commercial ].ot and no flashingtoward the Permitted. (Ord.9253(h), 1977) . light, Sha l be-Lnterior 29-7 17.30.090 Screening requirements. Incidental storage Y uses and buildin operations shall be screened oxs, includin noise, smoke g outside storage odor, vibration Placed so as to conceal an scally unaesthetic arrangement of robjects. ect um�rhetiOn or vi- Y 297§s3(i may approve the design of such .297 5253(1), 1377). Planning screening,. (Ord. Chabter 17:32 C -X DISTRICT �ecton5 17-32,010 Definitions. r 17.32 020 '"'►►11 ].7.32, Establishment -•-Hearin 030 Use permit --»Granting,, s--N°tice. 17.32;040 17.32,OS0 Use Permit --Revocation. Permitted uses. 17.32,060 Prohibited activities'. , 17.32.070 Location restrictions. fallowing Words and ons. For use in this 17.32.010 Defin.iti A. "Adult+, Phrases apply chapter, the Who have as used in this chapter, refers attained the age of at least eighteen to g• "Adult book store" g .Persons tress ha n5 means an establishment rox busi- books gas a' predominant magazines Part of its stock in trade Gals which are dispingui8a d$ar character' . Pictures and other period- emphasison matter dePict h iced b gr describing or a their g relating to 305 w •- 17.32;010 specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual material to adults. C. "Adult motion picture theater"` means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting,, des- cribing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser- vation by patrons therein. D. For purposes of this chapter, "areas zoned for residential use" are defined as'districts AR -5, R -S, R-1., R-2, R-3, PUD and M -H. E. "Artists -body painting studio" means an establish- mentor business which provides the services of applying paint or other substance whether transparent or nontrans- parent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. G. "Church" means a facility for religious use. H. "Massage shop" means an establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical thera- pist licensed by the state. I. "Modeling studio" means an establishment or busi- ness which provides the services of •",odeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise J. "Overlay zone," as described in this chapter, is a zone, having boundariescoterminous with or circumscribed by an existing district, which imposes additional limita- tions or authorizes additional uses otherwise not required or permitted in the district, K. For the purpose of this chapter, "owning property" is defined as a present freehold or hon -freehold interest in real property: Li For the purpose of this chapter, "school'" is de- fined as a public elementary, secondary or high school.,; and private schools with curricula equivalent to that of public elementary, secondary, or high schools, activM. Pot purpose of this chapter, "specified sexual defined ast0 306 I e 0 0 17.32.010 specified sexual activities or specified anatomical ureas,, as defined in this section, and limited in sale of sUCh sexual material to adults. C. "Adult motion picture theater" means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or or characterized by nr, emphasis on matters depicting, des- cribing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser vation by patrons therein. D. For purposes of this chapter, "areas zoned for residential use" are defined as districts AR -S, R -S, R -l► R-2, R-3, PUD and M -H means an establish E. "Artists -body painting studio" ment-or business which provides the services of applying paint or other substance whether transparent or nontrans- parent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. G. "Church" means a facility for religious use. H. "Massage shop" means an establishment or business which provides the services of massage and body manipulation, j*cluding exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical theta- pist licensed by the state. 1. "Modeling studio" means an establishment or busi- ness which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching,, drawing or otherwise. J. "Overlay zone," as described in this chapter, is a zone, having boundaries coterminous with or circumscribed by an existing district, which imposes additional limita- tions or authorizes additional uses otherwise not required or permitted in the district. erty�' K: For the purpose of this chapter, "owning pro p is defined as a present freehold or non -freehold interest in veal property, L, For the purpose of this chapter, "school" is de- fined as a public elementary, secondary or high school; and private schools with curricula equivalent to that of public elementary, secondary, or high schools. M: For the ptt3:pose of this chapter, "specified sexual activities" is defined as* 306 17,32.010 specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual material to adults. r C. "Adult motion picture theater" means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, des- cribing or, relating to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser- vation by patrons therein. D. For purposes of this chapter, "areas zoned for residential use" are defined as districts AR�-S, R-�S, R-1, R-2, R-3, PUD and M -H. E. "Artists -body painting studio" means an establish- ment or business which provides the services of applying paint or other substance whether transparent or nontrans- parent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business Which provides the services of baths of all kinds; including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. G. "Church" means a facility for religious use. H. "Massage shop" means an establishment or business which provides the services of massage and body manipulation, including exercises, heat and 'light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical thera- pist licensed by the state. 1. "Modeling studio" means an establishment or busi- Hess which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography; painting, sketching, drawing or otherwise. J. "Overlay zone," as described in this chapter, is a zone, having boundaries coterminous with or circumscribed. by an existing district; which imposes additional limita- tions or authorizes additional uses otherwise not required or permitted in the district. K; For the purpose of ti,is chapter, "otqnng Property" is defined as a present freehold or non -freehold interest in real property: L, For the purpose of this chapter, "school" is de- fined as a public elementary, secondary or high school; andprivate schools with curricula equivalent to that of public elementary, secondary, or high schools. M. For the purpose of this chapter; "specified sexual activities" is defined as. 306 A 17,32.010 specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual material to adults. r C. "Adult motion picture theater" means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, des- cribing or, relating to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser- vation by patrons therein. D. For purposes of this chapter, "areas zoned for residential use" are defined as districts AR�-S, R-�S, R-1, R-2, R-3, PUD and M -H. E. "Artists -body painting studio" means an establish- ment or business which provides the services of applying paint or other substance whether transparent or nontrans- parent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business Which provides the services of baths of all kinds; including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. G. "Church" means a facility for religious use. H. "Massage shop" means an establishment or business which provides the services of massage and body manipulation, including exercises, heat and 'light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical thera- pist licensed by the state. 1. "Modeling studio" means an establishment or busi- Hess which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography; painting, sketching, drawing or otherwise. J. "Overlay zone," as described in this chapter, is a zone, having boundaries coterminous with or circumscribed. by an existing district; which imposes additional limita- tions or authorizes additional uses otherwise not required or permitted in the district. K; For the purpose of ti,is chapter, "otqnng Property" is defined as a present freehold or non -freehold interest in real property: L, For the purpose of this chapter, "school" is de- fined as a public elementary, secondary or high school; andprivate schools with curricula equivalent to that of public elementary, secondary, or high schools. M. For the purpose of this chapter; "specified sexual activities" is defined as. 306 MEMO OW -98=001, ri 17.32.010 specified sexual acivities or specified anatomical areas as defined in this section, and limited in sale of such sex , sexual material to adults, C. "Adult motion pi&ture theater" means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, des cribing or relating to specified sexual ;activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser- vation by patrons therein. D. For purposes Of this chapter, "areas zoned for residential use" are defined as districts AR -S, R -S, R-11 R-2, R-3, PUD and M -H. E. "Artists -body Painting studio" means tin establish - mentor business which provides the services of applying paint or other substance whether transparent or nontrans parent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. C. "Church" means a facility for religious use. H. Massage shop" means an establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or profess gist licensed by the state. ional physical theta - t. "Modeling studio" means an establishment or busi- ness which provides the services of modeling for the purpose Of .reproducing the human body wholly or partially , the nude by means of photography, painting, sketching, drawing or otherwise. J. "Overlay zone," as described in this chapter, is a zone, having boundaries coterminous with or circumscribed by an existing district, which imposes additional limits tions or authorizes additional uses otherwise not Or permitted in required the district: K. For the purpose of this chapter, "owhin ;, is defined. as a 9 propert}� in real present frLehold or non -freehold interest Property. L: For the purpos%= of this chapter, "school" is de- fined as a public elementary, secondary or high school, and private schools with curricula equivalent to that of Public elementary, secondary, or high schools, M For the purpose of this chapter, `,specifi led is defined as: ed se.ual 306 17.32.010 specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual material to adults. C. "Adult motion picture theater" means an enclosed building with a capacity dominately for commerciallf two or more persons used pre- or characterized b Y presenting materia distinguished cribin g an emphasis on matters •depicting, des - specified or gelatin to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films; vation by patrons therein. for obser- D. For purposes of this chapter, tiareas residential use" are defined as districts A_zQned for R-2, R-3, PUD and M -H. Rs , R -S, R-1, E. "Artists -body Painting mentor business which means an establish - provides the services of applying Paint or other substance whether transparent or nontrans P arent to Or on the human body when su partiallynudei ch body is wholly or. F. Bath house means an establishment or business which provides the services of baths of all kinds all forms and methods of hydrothera including a medical practitioner or py, unless operated by licensed by the state; Professional h sisal therapist "Church" means a .facility for religious use, H•. ''Massage shop" means an establishment or bu siness which provides the services of massage and body including exercises, heat and li h, manipulation,. and all forms and methods of s tzeatments of the bod yi by a medical physiotherapy, finless operated gist licensed by r or professional physical thera y the state, r• "Modeling studio" means an establishment or bus- ness which provides the services of reproducing the human body whollyO or for the purpose nude by means of photography. painting, partially in the "'' wise, g, sketching, drawing J. "Overlay zone," as descr` or o���er a zone described in this chapter, is having bO ndaries'tOterminous with or circumscribed by an existing district, which imposes adclit%ona] U tions or authorizes additional uses otherwise not required lmita- or permitted in the district. E• For the purpose of this chapter, 'owning Property" is defined a5 a Present freehold or non -freehold in real properinterest ty. L. For the purpose of this chapter,,school,, , fined as a public elementary,school is de- and private schools with curriculassecondary hignt h school; P ublic elementary, secondary, or high schools. at of For the purpose of this chapter, `'specified sexual activities" is defined as l 306 a 0 0• 17.32.010 specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale. of such sexual material to adults. C. "Adult motion picture theater" means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, des- cribing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser- vation by patrons therein. D. For purposes of this chapter, "areas zoned for residential use" are defined as'districts AR -S, R -S, R--1, R-2, R-30 PUD and M -H E. "Artists -body painting studio" means an establish- ment ,or business which provides the services of applying paint or other substance whether transparent or nontrans �fgrent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. G. "Church" means a facility for religious use. H. "Massage shop" means an establishment or business which provides the services of massage and Y?ody manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unlessoperated by a medical practitioner or professional physical theta p st licensed by the state. I. "Modeling studio" means an establishment or busi.- Hess which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise, J "Overlay zone," as described in this chapter, is a zone, having boundaries'coterminous with or circumscribed by an existing district, which imposes additional limita- tions or authorizes additional 'uses otherwise not required or permitted in the district. K. For the purpose of this chapter, "owning property" is defined as a' present freehold or non -freehold interest in real property,. L4 Por the purpose of this chapter, "school"" is de- fined as a public elementary, secohdar:y or high school; and private schools with curricula equivalent to ;hat of public elementary, secondary, or high schools; M For the purpose of this chapter, "specifiord sexual, activities" is defined as: 306 0 4 a 0 0• 17.32.010 specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale. of such sexual material to adults. C. "Adult motion picture theater" means an enclosed building with a capacity of two or more persons used pre- dominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, des- cribing or relating to specified sexual activities or specified anatomical areas, as defined in this section, or the showing or advertising of X-rated films, for obser- vation by patrons therein. D. For purposes of this chapter, "areas zoned for residential use" are defined as'districts AR -S, R -S, R--1, R-2, R-30 PUD and M -H E. "Artists -body painting studio" means an establish- ment ,or business which provides the services of applying paint or other substance whether transparent or nontrans �fgrent to or on the human body when such body is wholly or partially nude. F. "Bath house" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state. G. "Church" means a facility for religious use. H. "Massage shop" means an establishment or business which provides the services of massage and Y?ody manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unlessoperated by a medical practitioner or professional physical theta p st licensed by the state. I. "Modeling studio" means an establishment or busi.- Hess which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise, J "Overlay zone," as described in this chapter, is a zone, having boundaries'coterminous with or circumscribed by an existing district, which imposes additional limita- tions or authorizes additional 'uses otherwise not required or permitted in the district. K. For the purpose of this chapter, "owning property" is defined as a' present freehold or non -freehold interest in real property,. L4 Por the purpose of this chapter, "school"" is de- fined as a public elementary, secohdar:y or high school; and private schools with curricula equivalent to ;hat of public elementary, secondary, or high schools; M For the purpose of this chapter, "specifiord sexual, activities" is defined as: 306 .020--17-32.040 J" enitals in a state of sexual stimulation tw 1. Human 9 sexual intercourse, or arousal; ts of human masturbation, 2. Acof human or sodomy;; or other erotic touching 3. Fondling buttock or female breast. pubregion, ter, "specified genitals,, P ose of this chap N. For the Pur p anatomical area" is defined as: or opaquely covered: 1, Less than completely ion, a. Human genitals, pubic reg b; Buttocks,oint immediately c. Female breast area below a P discernibly turgid above the top of the araen.tals in a covered. 2. Human male genitals opaquely „ for the purpose state; even if completely resentation of nude O, "Nude or semi-nude entertainment, of this chapter, means commercial live pecified sexual performers who engage in specified display or semi-nudeas specified in this section or activities, s, as specified in this section Or specified anatomical aread. 297 §263(part), 1977)• ,. 1977: (Ord. 315 51(part), The city Establishment Hearin Notice. a C -X -district, shall first 17.32.020 E u s petition, council► before establishing ublic'hearing p Notice have the matter omm Ssion,d at a pup°n ten days notice. by the planning shall be published in the landloWner~ of the publzc heash a mail to every the proposed C -X district of the time and paper and notice shall be sent by business within and/or lessee in and every place of the public hearing; posted thereon notice district shall haublve .c hearing. When the propose d C -X lace of the p council, it shall be of the time and P public hearing. (Ord. matter is then heurQnbduly enoticed t is h heard; likewise; Ord. z97 5263(r,&t ), 315 51. (H) r 1977 If a C -X district Use ermit--Granting•., 17.32.030 then none of the uses is established by the cite council, zmitted uses within Section 17:32.050 as PO upon the as referred t° in ranted admittanchxQipy in accord- a C -X district shall be ,a use permit by ranting of granting and issuance of cl for the g procedures °f thublicyhearing shall be had ante With the P noticed p ermits, A duly use permit• (ord. 3151(F)� use p , ranting of any before ..he granting 1977y. 1977: Ord.. 297 ter, Revocation. This chap Use ermit- in nowise 17.32.040 theou5e5 'set forth herein+ While controlling f public decency or morals or obscen- ranted under the provisions sanctions violations use permit g standards for its, of any kind, community of this chapter shall be revoked if 1,07 0 17& .020--17.324040 1, Human genitals in a state of sexual stimulation or arousal; r 2. Acts of human masturbation, sexual intercourse, or sodomy; 3. Fondling or other ,erotic touching of human genitals, pubic region, buttock; or female breast. N. For the purpose of this chapter, "specified anatomical area" is defined as: 1. Less than completely or opaquely covered: a. Human genitals, pubic region, b. Buttocks, c. Female breast area below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state, even ifcompletelyand opaquely covered. 0. "Nude or semi-nude entertainment," for the purpose of this chapter, means commercial live presentation of nude or semi-nude performers who engage in specified sexual activities, as specified in this section or who display specified anatomical areas, as speciiiPd in this section: (Ord. 315 SI(part,), 1977: Ord. 297 §263(part), 1977). 17.32.020 Establishment--Hearing--Notice. The city council, before establishing a C -X district, shall first have the matter heard at a public hearing, upon petition, by the planning commission, upon ten days' notice. Notice of the public hearing shall be published in the local news- paper and notice shall be sent .by maid to every land owner and/or lessee in the proposed C -X district of the time and plat,„e, of the public hearing; and every business within proposed C -X district shall have posted thereon notice of the time and place of the public hearing, When the matter is then heard before the city council, it shall be, heard, likewise, upon duly noticed public hearing.” (Ord. 315 Sl(E), 1977: Ord. 297 5263(part), 1977). 1.7.32,030 Use permit--Grantinq. 2f a C-� district is established by the city council, then none of the uses as referred to in Section 17.32.050 as permitted uses within a C• -X district: shall be granted admittance except upon the granting and issuance of a use permit by the city in accord- ance with the procedures of the city for the granting of Use permits. A duly noticed public hearing shall be had , before the granting of any use permit. (Ord. 315 51(F), 1977: Ord, 297 5263(part), 1.977), 17,32,040 Use permit-` Revocation, This chapter, while controlling the uses set forth herein, in nowise sanctions violations of public decency or morals or obscen- ity of any kind. Any use permit granted under the provisions of this chapter shall be Use if community standards for 307 in ft _.1 1CO2.0120--17,32.040 1. Human genitals in a state of sexual stimulation or arousal; r 2. Acts of human masturbation, sexual; intercoursej. or sodomy' 3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. N. For the purpose of this chapter, "specified anatomical area" is defined as: 1. Less than completely :or opaquely covered: a. Human genitals, pubic region, b. Buttocks, c. Female breast area below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered 0. "Nude or semi-nude entertainment," for the purpose of this chapter, means commercial live presentation of nude or semi-nude performers who engage in specified sexual activities, as specified in this section or who display specified anatomical areas, as specified in this section. (Ord: 315 Sl(p,art), 1977: Ord. 297 §263(part), 1977). 17.32,_020_ Establishment= -Hearing --Notice: The city council, be -ore establishing a C -X district, shall first have the matter heard at; a public hearing, upon petition, by the planning commission, upon ten days' notice. Notice of the public hearing shall be published in the local news- paper and notice shall be sent by mail to every land owner and/or lessee in the proposed C -X district of the time and place of the public hearing and every business within proposed C -X district shall have posted thereon notice of the time and place of the public hearingi when the matter is then heard before the city council, it shall be heard, likewise, upon duly noticed public hearing. (Ord. 315 Sl (E) , 1917: Ord. 297 y263 (fart), 1977) 17.32,,030 Use permit --Granting. if a C -X district. is established by the city council, then none of the uses as referred to in Section 17.32.050 as permitted uses wj th�.n a C -X district shall be granted admittance except upon i -l-, granting and issuance of a use permit by the city in accord,6 ante with the procedures of the city for the granting of U80 permits, A duly noticed public hearing shall be had before the granting of any use permit: (Ord. 315 §1(r); 1977: Ord, 297 9263(part), 1977). 17,32.040 Use pemi rt --Revocation; This chapter, while controlling the uses set forth herein, in nowise sanctions violations of public decency or moral's or obseeny itY of any kind: Any use permit granted under the provisions of this chapter shall be revoked if community standards for 2.020--17.32.040 1, Humana genitals in a state of sexua] r or aro��sal; stimulation Acts of human masturbatior sodomy; on, sexual intercourse, 3• Fondling or other, erotic touching genitals, pubic region, buttock or female breast.human N• For the purposeof this chapter anatomical areae, is defined as: .,specified l• Less than completely a. Human Y or opaquely covered: genitals, pubic region, b• Buttocks, C. Female breast area below a above the top 01 the areola; point immediately 2. Human male state; even if completely nand to in a discernibly Y turgid 0• "Nude or semi-nude entertainment,��red• Of this chapter, means commercial live for the or semi-nude performers who presentation Purpose nude activities, as specified in engage in specified nude specified anatomical ares this Section or sexual as s who display (Ord. 315 51 (part 291 SIed in this section. ). 1977; Ord.... 297 5263( art P ) , 1977) • 17.32.020 Establishment-- council, before establishin a Hearin --N C -1 The city have the matter heard at a g C -X district, shall first by the Planningco Public hearing, upon petition of the public ea,rinIssion, upon ten days' notice. Paper and notice sha lsbelsene b Notice l bpublished in the local news - and/or lessee in the X mail to ever Place of the Public heating; C -X district of y land owner g; and ever the time and proposed C -X district shall have business within of the time and place of the Posted thereon notice matter is then heard before the hearinheag, Wheh the 315r51(E)ke1g77 upon duly noticed y council, it shall be Ord. 297 9263(part), 19 'heating. (Ord. (F ) , 1977) 17.32.030 Use permit- Granting, is established by the cit If a C -X district as referred to in Sect onylCouncil, then non= a C -X district Shall be 32:050 as a °f the uses granted admittapcemehcodtuses within granting .end issuance of a use Pon the ance with the Permit b py u procedures of the cit y the cit in accord - Use permits, A duly noticed �' for the before the granting of Public hearing shall be had 1977.; Ord,gr�nting of any use permit, 291 §263(part)+ 1977} (Ord. 315 51(F), 17.32.040._ Use While controllin ermit- ---- is on • This chapter, sanctions violations eofspubl c doforth Cherein its.• of anv kind. r in nowise Any use permit �` y or morals or obscen of this c,6 pter shall be revoked if comm granted under the provisions unity standards for 307 102.020--17.32.040 1. Hunan genitals in a state of sexual stimulation or arousal; r 2. Acts of human masturbation, sexual intercourse, ^' or sodomy; 3. Fondling' or other erotic touching of human genitals, pubic region, buttock or female breast. r. N. For the purpose of this chapter, "specified anatomical area," is defined as: 1. Less than completely or oparrely covered: a. Human genitals, pubic rection, r� b. Buttocks, c. Female breast area below a point immediately above the top of the areola; �. 2. Human male genitals in a discernibly turgid' state, even if completely and opaquely covered. O. "Nude or semi-nude entertainment," for the purpose of this chapter, means commercial live presentation of nude r or semi-nude performers who engage in specified sexual .- activities, as specified in this section or who display specified anatomical areas, as specified in this section. (Ord. 315 91(part) 1977: Ord. 297 5263(part), 1977). 17.32.020 tttsablisi,meet--Rearing--Notice. The city ti■ council, before establishing a C -X district, S}'fall first have the matter heard at a public hearing, upoirt petition, by the planning commission, upon ten days'' notice. Notice of the public hearing shall be published in the local news- paper and notice shall b:" sent by mail to every land owner and/or lessee in the pr posed C -X district of the time and place of the public hearing,• and every business within proposed CI -X district shall have ,posted thereon notice of the time and place of the public hearing. When the matter is then heard before the city council, it shall be heard, likewise, upon du".y noticed public hearing. (Ord; 315 §l(H)', 1977: Ord. 297 5263(Fart), 1977). 17.32.030_ Use..permit--Granting. if a C -x district is established by the city council, then none of the uses as referred to in Section 17.32.050 as permitted uses within a C -X district shall be granted admittance except upon the granting with the procedures a use permit by the city in accord- rantn and issuance of ' of the city for the qranting of Use permits. A duly noticed public hearing shall be had before the granting of any use permit. (Ord, 315 SI(P), 1977. Ord. 257 5263(part), 1917).' 17.32.040Use permit --Revocation. This chapter, while controlling the uses set forth herein, in nowise sanctions violations of public decency or morals be obscen- ity of any kind, Any use permit granted under the provisions j of this chapter shall be revoked if community standards for d 301 ( ow IM Lem 0 17.050 ,17.32.070 public decency and moralsa;,� violated or if the grantees of the use permit engage in any conduct deemed obscene by rthe courts of this state. (Ovd. 315 §1(G), 1977: Ord. 297 5263 (part) , 1977) 17.32.050 Permitted uses. Adult book stores, adult motion picture theaters, bath houses; massage 0hops, model- ing studios, artists -body painting studios, nud,o and semi- nude entertainment, as defined in this chapter, and the display of specified sexual activities and`,speCified ana- tomical area shall if ermited b , p , e located only in a C --X district, as established by this chapter. Such districts may only be established by the council as overlay zones in C-1 and H -C districts. (Ord. 31.5 SI(B), 19774 Ord. 2-97 5263(part), 1977) 17.32.060 Prohibited activities, The spOcified sexual activities set forth in 17.32.010L are prohibited, and it is declared a misdemeanor for any person; firm or corporation to display, or permit to be displayed, such activities, either actual or simulated, in any motion picture or live entertainment_, and such activity isprohi- bited even in a C -X zone. (Ord. 315 §1(C) 1977: Ord. 297 §263(part) 1577). 17.32.070 Location restrictions. No use regulated in this chapter shall be within seven hundred fifty feet of another such regulated area, or within seven hundred fifty feet of the exterior boundary of any school or church or within seven hundred fifty feet of the exterior boundary of any area zoned for residential use, or of any city park or governmental building, whether federal, state, county, or city or any political subdivision thereof. Neither the city council, the planning Commission, nor any employee of the city can waive the seven hundred fifty feet distance requirement set forth in this section. (Ord. 315 SI(D), 1577: Ord. 297 5263(part), 1917). Chanter 17.34 M-1 LIMITED INOUSTRIAL M STRICT Sections: 17:344010 Intent. 17:34.020 permitted principal uses,: 17.34.030 Conditional uses. 1.7,34.040 Maximum building height. 11634A50 Minimum site area. 309 a 0 O 1►1 17#.050--17.32.070 public decency and morals are violatedtor if the ed grantees of the use permit engage in any 1977c Ord. 297 scy the courts of this state. (Oral. 3 15 §1(G), 5263(part), 1977). 17.32.050 Permitted uses. Adult book stores, adult. motion picture theaters, bath houses, massage shops, model- ing studios, artists -body painting studios, nude and semi- nude entertainment, as defined in this chapter, and the display of specified sexual activities and specified ana- tomical area shallr if pe�:mithdJ baltertedSuchonly districts districts as established by p. may only be established by the council as overlay zones in C-1 and H -C districts. (Ord. 315 §1(B)► 1977: Orth. 297 5263(part), 1977), 17.32,060 Prohibited activit32sOlOLThe arespecified prohibited, sexual -activities set forth in l7. Person, firm or and it is declared a misdemeanor for any corporation to display, or permit to be displayed, such or activities, either actuinments�andasuch activtyoisoprohi- picture or live enter bited even in a C -X zone. (Ord.. 315 SI(C), 19.77; Ord. 297 §263 (part) ► 1977) 17.32.070 Location restric sevenohundred fifty ns. No use efeet of gulated �n this chapter shall be within another such regulated area, or within seven hundred fifty feet of the exterior boundary of any school or church or within seven hundred fifty feet of the exterior boundary of any area zoned for residential Lase, or of any city park or governmental building, whether federal, stater county, or city or any political subdivision thereof: either the N city caincilr the plGensegerio�ndrednj nor any fifty feet distance requirement the city can waive th requirement set forth in this section: (Ord. 315 51(D), 1977: Ord, 297 §263(part), 19 77) Chapter -__k7, 34 M_1 L1TlTEb II�DtJ5TRIaL bLSTRIC;T Sections: 17.34.010 intent• rricipl uses. 17.39.020 Permitted p 17.34.030 Conditional uses. 17.34,040 Maximum building height. 17,34.050 Minimum site area. 308 f.1 • 1:7,050 -17.32.070 public decency and morals are violated or if the grantees of the use permit engage in any conductdeemedobscene .by the courts of this state. (Ord. 315 §l(G), 1977: Ord. 297 §263(part), 1977) 17.32.050 Permitted uses. Adult book storas, adult motion picture theaters, bath houses, massage shops, model- ing studios, artists -body painting studios, nude and semi- nude entertainment, as defined in this chapter, And the display of specified sexual activities and specified ana- tomical area shall, if per_mited, be located only in a C -'X district, as established by this chapter. Such districts may only be established by the council, as overlby tones in C-1 and H-nC districts. (Ord. 315 51(B) 1977: Ord. 297 9263(part), 1977). 11.32.060 Prohibited activities. The specified sexual activities set forth in 17.32.010L are prohibited, and it is declared a misdemeanor for any person, firm or corporation to display, or permit to be displayed, such activities, either actual or simulated, in any motion picture or live entertainment, and such activity is prohi- bited even in a C -K zone. (Ord. 315 §l(C), 19771 ord 297 5263(part), 1977) 11.32.070 Location restrictions. No use regulated in this chapter shall be Within seven hundred fifty feet of another such regulated a.lea, or within seven hundred fifty feet of the exterior boundary of any school or church or within seven hundred fifty feet of the exterior boundary of any area zoned for residential use, or of any city park or governmental building, whether federal, state, county, or city or any political subdivision thereof. Neither the city council, the planning commission, nor &ny employee of the city can waive the seven hundred fifty feet distance requirement se+, forth in this section. (`Ord. 315 51 (D) , 1977: Ord. 291 5263(part), 1977) Chapter 17.34 M-1 LIMITED INDUSTRIAL DISTRICT Sectonw� 17.34.01.0 Intent. 1.7:34.020 Permitted principal uses. 17.34. "130 Conditional u les. 17.34,U40 Maximum building height. .17.34.050 Minimum site area. 30s f 17#.050--17.32',.070 Public decency and morals are violated or if the grantees Of the use permit engage in any conduct deemed obscene b .,, the courts of this state. (Ord. 315§l(G), 1977: §263(part), 1977); Ord. 297 17.32.050 Permitted uses, Adult book stores Motion , 'adult Picture theaters, bath houses, massage shops, model- ing studios, axtists-body painting studios , .� nude entertainment] as caefined in this chapteraeanddtheml~ •,. d'splay of specified se, ual activities ar;d specified ana- tomical area shall, if permited, be located only in a C-X. distract, as established by this may onlchapter. Such districts y be established by the council as overlay zones I p C�,l and H-C districts. §263fPaxt)� 19In 77), (Ord. 315 §1(B)r 1:977: Ord. 297 17.32;06 sexua0' Prohibited activities. The specified RP l activities set forth in 17.32.010E are and it is declared a misdemeanor for an prohibiter', corporation to display. y person, firm o p Y, or Permit to .be displayed; such aetivIties, either actual or simulated, in any motion Picture or live entertainment] and such activity is prohi- bited even in a C-X zone. (Ord. 515 §1(C), 1977: Ord. 297 5263(part) 1977). 17.32;070. Location restrictions; N this chapter shall be o use regulated in. within seven hundred fief feet Y of another such regulated area or Within: seven hundred fifty meet of the ekterior boundary of any school or church or within seven hundred fifty feet of the exterior boundary of any area zoned for residential use, or of an or governmental bui,ldinq, whether federal statetycounty, or city or any political subdivision thereof; city council, the Planning commission, nor ar�r Neither the employee of re uirement set forth in this fitthe city can waive the seven hundred fifty feet distance c' � sect on.. 1977; Ord; 291 9263 (part) , 1977). (Ord. 315 Chanter 17,34 M-1. L' IMITtD TIVDUSTn-rkL bISTRICT Sections C _ 17.34:010 Intent. 1.7:34.020 Permitted 17;,34.030 coed tionalruses al uses. 17.34.040 MaXiMum } ii 34; 050 minimum site dare inq height. a 308 as Ar 172,;050--u17.32.070 are violated or f the grantees and morals ,onduct deeme publrc decency in any c d obscene by Ord. 29.7 of the use permit engage (Ord: 315 §,l (G) 1.977: the cofirts of this state. §263(part) 1977) adult Permitted uses_ Adult book St�xeSs� model - 17.32 -050 bath houses, massage shop i dire theaters, ain�:ing studios, nude and semi'- motion p artists -body P chapter; and the ing studios, as aef.ne.d in this specified ana nude entertainment, � be located only in a C display er specified sexual activities and p area shall, if perm t�.d► ter. Such districts Comical this chap in aistrict,i as established 17Y 1977. Ord. 297 be establsheci by the council), overlayzones may only G districts. (Ord. 315 S1(R), -1 .and H- 19.77). 5263(part), The specified rohibited. 17.32.060 Prohibited ack �� � 32SO10L az•. p firm or erson► sexual activities setmisdemeanor for any P la ed, such and it is declared a tier to be disp Yed su •� ;;mulat.ed, in any r ohi- corporation tb display, or much activity is P� activities, either actual e X zone: (Ord. 315 §1(G), 1977: Ord - or or live entertainment, an bited event),in 1977) 297 §263(p No use regulated in Location restaev- t-- n hundred fifty feet of 17.32.070 within this chapter shall be �,r Within ,even hundred �`ifty elated area, of any school or church or another such res feet of the exterior boundary city par}' hundred fifty feefi of the n�taxriY r boundary/ t� c within seven use, state, count},, any area zoned for resioenthether federal, Neither the or governmental buildings nor any .employee of Or..', any political subdivision theor . or city the planning commission, feet distance city council, hundred fifty the city can waive the seven this section. (Ord. 315 §1 (D) r requirement. set forth in 1977)_ 0 1977 Ord, 297 926(part)r C__,_,_ err ; LIMITED INDU8TI7TAL DISTRICT Sec�ons' 17.34:010 Intent: principal uses. 17.34:020 Permitted 17,34 030 Conditional Uses:hei.ght. 17:34'040 Ma%imum building 11.3 4,050 Minimum site area.. m� `. 3 08 _i N (R ETAI YCE: OF ME "',[T ,O't ;,XLL OF TKK CI'Y`i OF C,RImT f -_`f _1LPDwG SECr:IO`� 263.. DISTRLCT C -X 'ro ZONING ORDINANCE-' N'0., 2u7 Or TILE: (;i TY OC .^,RTI)L Y, 2EGULATI-NC; THE LOCATiO : OF ADULr i30GiC_ ti't'(�R1:S, liDUUTL' IOTYON PICTURE :`lIZEA'E'_�:.�`, 1; ":.1 Utlzf:S,MASSAGE at10'S MODIELICiC:' S�'EIDIC'`,r AR�'iiT5-B0iY PATNTI"'e; ST!"DIO2 ANO ZNWDE OR `E:i'l-ti'l:L)Iz. C�iI'C}:��sl�li�i4��iT; AND AM1:NDT.T �.;:CTIO 307 01' SA.LD ZO FING 0[-1D1N'.N. cE_ *ra V OVIDE 17()LZMN.M'.:..T1ES The CITY" COL NICIY> OL th,2 CITY OF Gl"11 LEY does ht,-reby OR:DcriN a f,) L Law:;.: WREREAS, the CounciI is concerned • Bout the present and tu.ture character of the City's `'s neirhbo hoods; and W. ERE,%S, stable neighborhoods both res-i.dernt al and comincrcial, axt dos rptsale ; :;etc WTEIEREAS, the location Of the uses herein regult2ted- have a deleterious effect upon adj;acenc areas and could contribute to this blighting and do,, -n rad ing Of tE,c surroitn,i ing neighborhoods;; and WHEREAS the uses herein :.c gulp tad are recogoizedas having serious objectionable operational characteristics,; particularly when several or' then are concentrated, thereby 'having an additional deleterious effect upoq adjacant areas; and MRELtEAS, spec:icii regulation of these uses is necessary to insure that these adverse effects will not contribute to the blightina: or downgrading of the surrounding neighborhoods and WHEREAS controll or regulation :is necessary for the purpose of preventing - concentration of these uses in any one area; and WHEREAS,, by establishing a C -X zone, no conclusion is to be drawn that the City Council of the City of Gri.d-ley sanctions or approves. the -activities set forth 'herein, nor should any, conclusionbe drawn, that these activities in anywise reflect current community standards for public decency and morals NOW THEREFORE, BE. IT ORDAINED AS FOLLOWS Section 1- That Ordinance No. 207 , commonly known a,: the "Zoning Ordinance" of the City of Gridley is hereby amended by enacting a new, Section to be known as "Section, 263, District C -X" regulating the location of' adult book stores',adult motion picture theater-,;,, bath. house.,', nus.SaL e shops, modeling studios, artists-bcidv painting studios and nuJe or semi-nude entertainment, Pa -e One CL)T , ws Bim, tion 3.3 r`3ist_ri�t C-?. C1 . )c 1, Lii E Li�1T4., ! _ cYCIU I L . A u:; 'd in Lh i., Svc:t i 0n,, r e f,_,rs fv"hCt hi9V.-' atL;IUI_L! tplc_' <.ge i,`k ii[. IL --:;sr t'_ _t3riteun Adu1t Iilici St_urti . Ar,, vsti_rh r nLe- lr:rvirlg .rs ..r pr'tsdowinant= l)a.rt- of it=; stc:,c;l, .in Lradt. , booics, l,hoLo Tear qhs .z I plcccrzc; atxcf other p�_-riodra:l which are disting;ui �Ir•:dor characterized by their emphasis On. matt`- depicting describing or relating to "specified sexual activz't es'" c:C "spcci.fie.d' anatomical areas" (as dof ned herein) and limited` in sale of such sexual material to- a du lts 3 Adult 100r fon, picture theater An enclosed bui 6_Ln, with a capac tF of two or more persons used Predominantly for commercially Prresen.tinnr ar3teriaidistinguished; or characterized by an emphasis on rt3tters depicting, des crib ng or relating, to "Specified sexual activities,` or "specified anatomical areas", (res defined herein) or -he sbowi.rg or advertising of "X" rated films, for observation by- patrons therein. 4- Area zoned for residential use. For purposes of this Section, areas -zoned For residential. use are defined` as Districts AR -5, R -S, R -I., R-2, R-3, PUD, and M -H. 5_ Artists -body painting studio An establishment or business- which provides the services of applying paint ar tther substance cshether transparent or non -transparent to or on the human 'body when such body is wholly or partially nude, b. Balli House. An establishment or business which provides the services of baths of all kinds, including all forms and method's of hydrotherapy, unless operated' by a medical practitioner or professional physical therapist licensed by the State. 7. Churcht. A facility for religious use Page Tvo o S_hOD, An t'; tti s.:n-wt rlt fir i,'us inc=5s :y��icti JrOv:ides. ;_-h sexvlCUq G° rri•3ssri�� end bod,% :Ii_1nipL.'1ati031 Lr1C1.lItI2P f'_' 'L'rci',Q:; , 'heat and light t rC,'F1C ,2nts o,: thfy baL-ix .11lCi all .1nCT Methods of physiotlrr!rajpy, uriles:: tlpC,CC'f I)V :i RIC'tll{.ii I}2"ciC'CiLlf)EIi_r t?! �3'i)�l'SSZUR�31 7�1.`fS1Cr's til�ii"'�?P13 t l L^cn ;ed I.V LEI is Rode I. i n- .ti tC,r.{io_ L ,hrnc nL_ or busint,ss :•rhicli Prez;✓idezthc• se:�vkec,=s ot� ivaI��f017 the purr�are Of rt'pru;?ucirl4 tItt ling►lumon body ,Iholly or partially in the nude by me�ins: of photograp,,zy, Pt1iliting .; Sketchingdrat, Ing or otherceise. C. An overlay zone as herein described is a zone, having boundaries con'tF rmi,nous with or cir- cumscribed ircumscribe ] by a'n existing district, which imposes additional Limitations or aathor zes additional: uses otherwise not required or Permitted in the distriL t. Il. Owning Property.. For the Purpose of phis Section Owning property" is defined as, a Present freehold or _ non -freehold interest in refl. property_ 12• school- For the purpose of this Section, a school is defined as a public elementary, secondary or high school - and Private r.,rate schoals with curr1.7 icula equivalent to that of and' eler:ientnry, secondary -or high schools.. 13.. SoecLf'Cd qc,,. ua'l: activit i,. ._s . For the purPose or this Section If specified sexual activities" is defined as a., 'roman genitals in a state of sexual stimulation or arousal; b. Acts of human, masturbation, sexual iritercour_se, or sodom�; C. Fondling ; or ether erotic touching of human g-.nitals, pubic . region, buttock or female breast. 14. Specified ��natomicai aroma For the purpose of this Section), "Specified Specified to na to.m ica. area" is defined -as - a. Less than comp, etey or opaquely covered:' I (1) Human genita?.s, pubic region;,_ (2) Buttocks (3) Female breast area below a point iim-nedia telt' above areola_ he top Of the Page Three F y CJ • E 'SIPian t' L��`RI Lei �S 1 [1 ii � st- .ernibly turgid at -c, even i. �:c„r�r�lc:tc'1, �►td c�pi�{vs,I�, covered. � , 15- Nude or Semi -Nude En.ter. t=iinr;1,2nc. For the ntirpose }C this Section mca'ns cor.n►ercial live presentation of rue! or se„I -?judo PC': 01:frc.r,s .oho e�ngii-e. in sAecif cd se u;l a( tivf.ties.,, a4 hers' nahove srrscif%ed or who '-;S- play spzif ed:12tomi:ral areas, its {ierenabUve spec, ifi=�c1: - t,T cs ReSu;t-, Loci . lkdult book stores, adult motion picture theaters, bath houses,. massage shops, modeling studios, 4+rtiSt s body s Painting s ud'ios,. nude and' semi-ctud'c entertai.nment,; as herein define", arrci the displa�r of i'anato*nical arca" spr_•c:i.xied "Sexual activities" specified and. s e . • A fied shall, if permitted, be located only in District r Z.C. -X, as established by this Section.. Such districts may or,1 be established by y the Council as "overlay zones" in Districts C -l. and H -Ca C6 prohibited _activities. The specified "sexual activities" set forth in Section. I Subsection A-13, are hereby prohibited and it is h _ hereby de clarad a misdemeanor for az Y person, firm or corporation to dis- PlaY, or perm to be displayed, such activities, either actual or simulated in any motion •picture or live entertainme active nt arid such y is hereby prohibited even: in a C -X. zone. D- 750Feet Distance No use .regulated herein shall be with; n 750 feet of another sucil regulated area, or within 750 Feet of the he exterior boundary o:f any School. or Church or wittlin 750; feet of the exterior boundary of any area zoned for residential use, or of ar_y City Park or governmental building, Whether Federal_ Count State, Y, or City or any political subdivision thereof. the Cit Neither City Council, the Planning Commission, nor any employee of the City can -waive the 75p Feet distance requirement set forth herein., it Public Hearing.. The City vouncil OJE the City of Gridley, before establishing a C -K District, shall First have the matter heard at Page Four • 3 gLi:il �' itC'�sriil L:pc:l plititiOn, i:- Lll`,' F-LDIZning, (ormilissi.o:t, L'po,-t C:i[I'. (LO)(2:ty'g" .ls}t`3,i.:. ",;Lice of ..;aid- Fubl .c tltxc?ring shall be published 1n the Local nc:YsP;Tpur 011d notice -t hall be sent by inail to *vlry Land rkwno ana./or Lc ssev in proposiLd C -ii DistY1t"t n[ the ti-lt- zind placC of trig Public He3rin.g, ,and every business r,.ithLn said proposed C -X District shall have posted thereon. 1lotico of Lhc timu and- place of said Public IIe:3rin.g. Whe . the Matter is tbe.a heard before the City C;OUI-Icil of the City of Gridley, it shall bo heard, Iike rise, upon du L_ noticed' Public Fearing. P_ Granting of Use Pernit by City of Gridley_ If a C -X Di,tr ct is established by: the City Council; than none a_f�.. ucsee a� referred to horein, as permitted uses withirt a C -X District shall be granted admittance except Upon the granting and issuance of a Use Per -mit by the City of Gridley ir1 accordance with the procedures of the City for the graniing of Use Permits.: A duly noticed public hearing shall be had before the granting of any Use Permit. C. Public Decency and Morals. This 'Ordinance,. while controlling the uses set forth herein, in nowise sanctions violations of public decency or morals o-- obscenity of any kind. Any Use Permit granted 'hereunder shall be revoked if community standards for public decency and: morals areviolated or if the Grantees of the Use Permit engage in any conduct deemed obscene by the Courts oL this State. H, Severability. - It any provision of this Ordinance is held to be unconstitutional or otherwise invalid by any Court of competent jurisdiction, the remaining provisions of this Ordinance shall. not be invalidated. Section 1. Section %07 of Zoning Ordinance No., 297 is hereby amended to read a; rollo.:s; " Ser.tion 507. VIOLATIONS -AND PENALTIE'S a'. Any building or structure erected, moved, altered,. or mairtained andfor any use of land, building, or premises established, conducted', operated or Maintained contrary to the Page Five �c urla:.rLul and - - 5h l r ba declare:. provi sior�s, oL th-L (�zna:tce �-puFsT.ic ;nuisance- or coroozat b., Any vcr�.oti, .rm �.��� Sri:al;.;tittt; cJr causi this Ord he viGIzEtioa of any o% ' the provisions OL Ordinance may, t (rpon. acrLjaI or concractive notice,. be subject to Prosecution an upon conviction the City Attorney shall, upon order U£ Z1- City roccedin� s for the Council, smtediate-ly c;otn.-ttence .actiOn or p, r �:= manner- provided by1�L4= abzteric!nt of the offending. ac tiuity in � c., Violation of any of tha provisions of this Ordinance al '1 constitute n s lerteanor and can be prosecuted as such. sh d„ A. violarion of any SCI-cti:on oL this Ordinance shall conscitt:te an ind �ridual rriisdeweanor as to said Section. e. The remedi es provided for herein shall be curmul a-=i-ve and. not exclusive. I HEREBYCERTIF`i that the foregoing Ordinance was duly meeting of tht� City introduced at a Council of trte City cf Gridley held at 8:00 O'clock P.�. on the re ert�er , lye and passed and da y of TM meeting of the City Council. adopted ata _e Mo ar c)f the, City of Gridley' hel(inat 8:00 o'clock P.M. on the. 16tH day o f January , 19 73 , by the folio -7-ing vote, to [_ AYES:. Councilmen c:pUji (-'O�I:.On"i LEY.Y'nIIEC�ILDG LCI IG -PARK NOES: Councilmen tiG a,l: ASEi�'T : Councilmen r�+ City ?� i [• •�t.:�'a r-, / 1. ��yy 1 •. APPROVED Mayor- APPROVED ayo-APPROVED AS TO FORK' 3-ty Attor tey Page Si.{. BU fe Co. Planning Comm. OCT 12 1982 Oroville Califamia MMIVMVMAMM�� '0 I D L E Y U5 KENTUCKY STREET, GRIDLEY, CALIFORNIA 95948 September 23, 1982 Nis. Hilda Wheeler, Chairman Board of Supervisors County of Butte 25 County Center Drive Orovillej Ca. 95965 6.0 Afullicipally Owned Utilities INCORPORATED 1905 RE: Adult Entertainment Ordinance Dear Chairman Wheeler: The City Council did discuss Your request that Gridley consider ad option of an ordinance similar to that recently adopted by Butte County which, in essence -regulates adult entertainment. The City already has a section in our zoning Ordinance which is more restrictive in this regard than the County Ordinance in that not only 18 adult entertainment confined to only "C -X" districts but such uses require a use permit. The few Minor diffcrences in the City Ordinance and that Proposed by the County will be addressed later this year at such time as the City Undergoes its planned zoning code review, The Council expresses its thanks to you for keeping us informed of those important matters: cordially I /11� 'Evelene-Di Payne City clerk EDP/is U,41to Cc,. Vlianr1119 Comm, (If,;j lb 19132 oroy11101 t"JiJo"1116 ORDINANCE NO,. AN ORDINANCE OF THE COUNTY OF BUTT, STATE OF CALIFORNIA.' DECLARING THE COMMERCIAL EY- PLOI'I ATION OF OBSCENE MOTION PICTURE FILZ..,S AND OBSCENE PUBLICATIONS TO BE CONTRARY To PUBLIC HEALTH, SAFETY, AND GENERAL J ELF_ARE ANDA PUBLIC NUISANCE; DECLARING ANY PLACE DISPr.z�i2?�'r; OR EYy t SUCH OBSCENE MOTION PICTURE FILMS OR PUBLICATIONS TO DE A PUB LSC NL'ISANCE PER SE; MAXING ALL OBSCENE CLATTER AND PUBLICATIONS PO15SESSED IN SUCH PLACES A PUBLIC NUISANCE PER SE• PROVIDING FOR NOTICE AND LEGAL PROCEEDINGS TO ABATE THE SAME' AND PROVIDING A PROCEDURE FOR Afi',SESSMENT AND COL LECTION OF COSTS OF ABATEfiiENT. THE BOARD OF SUP4RVI8ORS OF THE COUNTY OFm DO BU..TE STATE OF CALIFORNIA • ORDAIN' AS FOLLOWS Section I. That the Butt by adding Secte County Code is Sect, a hereby amender , 4234.1 4234..2.. 4234.31t 4234..40 4234.5, 4234.6 and 4234.7 thereto, to read as f Section 4234. PURPOSE; PQLI�^,.Y AUTHORS follows.. Thz Board of Snperv�sors find that L. �TY; aPPLTC.�TrnN exploitation of '�xPlxcit sexual coed she crass co2TutterClal uc't through the i Public exhibition Of obscene films Publications and the sale of obscene constitutes a debasement of a sensitive key nt and distortion central. to relationship of human existence, , family life, community wQlfar Ment of human Personality;e and the develop. decent and that such exploitation offensive to the is in - and interferes senses and to Public morals with the interest of the quality of life and tot Public in the al community of commerce Y envronmrnt in the the tone. Safety;county, Property values; ,nd ,4. and that the carie public contint�<�tin;; ex such activities is detrimental to the hest healtha . , safety . la. and general.� ., � con�t.i'�,A:•.�w,��e, welfare of fi:��=,�. �.'c�unty of B °f the residents, cit, uttP zens, inhabitants, and thereof and is unlawful and and bus' mess: 'of a lawful _ may not be made the subject. J. Pursuant to 7ect Government Section 2584 Code, Sect:' 'S Of the and sec Section 731 of the Code of tions 3479. 3480 Cxvil procedure, Code 3491, 3494 and 3496 the Board o' Of the f Supervisors civil vt;e.s he•reb�. declares be public nuisances such for ,. , and e'stabli.shes the abatement theroof r Procedures and mor lect:.on of r the wssess;,ter1t ..osts of abate and COI- the County incident may be ,.,cut red by to such abatement, shall ipPl to • This ordi nance Y exist�.nq establishments Which M engaged in. the activities h a�. e herein Presently nu sa �. in declared to nce,:_, be Publ�,c Section Fr-�,tlowledge or ►'knawledge of such nu. sanc , e ..Z"