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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 -. �(< 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