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ORDINANCE NO. 335
AN ORDINANCE OF THE CITY OF IRWINDALE ADDING
SECTION 9450-A TO THE IRWINDALE MUNICIPAL CODE
RELATING TO THE APPROPRIATE ZONING FOR
"SEXUALLY ORIENTED ADULT BUSINESSES".
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds and determines that the
Planning and Building Departments of this city have indicated that
the present controls relating to the appropriate zoning of
"sexually oriented adult businesses" are inadequate to meet special
conditions relating to such uses, including problems relating to
litter, traffic, parking, hours of operation, noise, congestion,
public nuisance, depreciation of property values, proximity to
incompatible uses, appropriate concentration and dispersal of such
activities and other matters relating to public health, safety and
welfare and the police power of this city.
SECTION 2. The City Council further finds and determines that
the Planning Commission has recommended the adoption of this
ordinance and that all appropriate procedural steps have been
followed.
SECTION 3. Section 9450-A3 reading as follows, is hereby added
to the Irwindale Municipal Code:
Section 9450-A: Adult Businesses.
A. An "adult business" is hereby defined as any
business which is, at any time or times, conducted
exclusively for the patronage of adults, from the
premises of which minors are specifically excluded by
law or the owner or person in possession of the premises.
This definition shall exclude any use pre-empted by
State law or licensed by the State.
B. "Sexually oriented" shall mean any use, display,
sale, product, book, treatment, manipulation, projection,
machine or other device, the principal advertised and
emphasized purpose, use or manifestation of which is
gratification, prorient, education, entertainment,
observation, raading, or other stimulus, excitation, or
study of human heterosexual, homosexual, or other
"explicit sexual activity" or simulation or depiction
thereof. "Explicit sexual activity" means acts or
depictions (real or simulated) of sexual intercourse,
oral copulation, anal intercourse, oral -anal topulations,
bestiality, sadism, masochism, or excretory functions in
conjunction with sexual activity, masturbation, or lewd
exhibition of the genitals (whether any of the above
conduct is depicted or described as being performed alone
or between members of the same or opposite sex or between
humans and animals) or other act of sexual arousal
involving any physical contact with a person's genital,
pubic region, pubic hair, perineum, anus or anal region.
These definitions exclude any acts preempted by the
State or judicially declared not subject to local control.
C. "Sexually oriented adult business" shall not be
permitted on any recorded lot within 600 feet of a church
nor within 600 feet of a public or private school for the
academic education of children nor within 300 feet of
residentially zoned property, nor within 300 feet of
premises selling alcoholic beverages, nor within 1,000
feet of another such sexually oriented adult business.
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Ordinance No.335
D. In the event any prohibition set forth in "C"
above is held by any court of jurisdiction to be
invalid or inapplicable, then such use or uses shall
ipso facto, immediately, and automatically be classified
as a conditional use requiring a Conditional Use Permit
pursuant to the provisions of the Zoning Code of this
city and an Environmental Impact Report pursuant to the
California Environmental Quality Act.
SECTION 4. The City Clerk of the City of Irwindale shall
certify to the passage and adoption of this ordinance and to its
approval by the Mayor and shall cause the same to be posted as
required by law.
ATTEST:
APPROVED, PASSED and ADOPTED this 24th day of January, 1980.
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE)
I. Margaret S. Barbosa, City Clerk of the City of Irwindale,
do hereby certify that the foregoing Ordinance No. 335, was
approved and adopted at a regular meeting held on the 24th day
of January, 1980, by the following vote of the Council:
AYES: COUNCILMEN: Barbosa, Breceda, Tapia, P. Miranda
and Mayor Michael Miranda
NOES: None
ABSENT: None
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