HomeMy WebLinkAbout341ORDINANCE NO. 341
AN ORDINANCE OF THE CITY OF IRWINDALE AMENDING
AND READOPTING SECTION 9450-A OF 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 (as previously set forth in
Ordinance 335) 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; that it is appropriate to amend and readopt
ordinance 335 to abate non -conforming uses.
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-A; reading as'_foliows, is hereby
readopted, amended and 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 of person in possession of the
premises. This definition shall exclude any use
pre-empted by State law or license 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 of, manifesta-
tion -of, which is gratification, prurient, education,
entertainment, observation, reading.,. -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 inter-
course, oral -anal copulations, 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 a animals) or other act of sexual
arousal involving any physical contact with a
person's genital ',pubic region, pubic hair, perineum,
anus or anal regiori.• These definitions exclude any
-.
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the State or judicially declared
acts preempted bal control.
not subject to &
ORDINANCE NO. 341
C. A "sexually oriented adult business" shall not be
permitted 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 11000 feet of another
such "sexually oriented adult business." Any other type
of "sexually oriented" business whether an "adult business"
or not shall be similarly regulated and restricted, under
the authority of the U.S. Supreme Court of Young v.
American Mini -theatres.
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 Condi-
tional 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.
E. In the event there exists on the date of enactment
hereof any use which qualifies as a pre-existing non-
conforming use, then such use may either; (1) be
summarily abated as a public nuisance if after a due
process hearing the City Council so determines, or
(2) be amortized over a useful life of one year from
date of notice, and then abated as a violation of this
Code -all inconsistent provisions of this Code relating
to non -conforming uses notwithstanding.
SECTION 4. Neither the amendment or readoption of Ordinance
No. 335 shall in any manner affect or prejudice any proceeding
for violation of Ordinance 335• This is intended as a supplement
only and shall not be deemed to preclude enforcement of the
original Ordinance.
SECTION 5. 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.
APPROVED, PASSED AND ADOPTED this 12th day of June, 1980.
ATTEST: I \
Marg et S. Barbosa, City Clerk
119
ORDINANCE NO. 341
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, being Ordinance
No. 341, was introduced at a regular meeting of the City Council
of the City of Irwindale, held on the 29th. day of May, 1980,
and was duly passed, approved and adopted by said Council, ap-
roved and signed by the Mayor and attested by the City Clerk
at a regular meeting of the said City Council held on the 12th
day of June, 1980, by the following vote:
AYES: COUNCILMAN: Barbosa, Castellanos, Tapia, Pat
Miranda and Mayor Michael Miranda
NOES: COUNCILMAN: NONE
ABSENT: COUNCILMAN: NONE
Marg et S. Barbosa, City Clerk