HomeMy WebLinkAbout401ORDINANCE NO. 401
AN ORDINANCE OF THE CITY OF IRWINDALE ADDING
NEW CHAPTER 17.59 TO THE MUNICIPAL CODE, RE—
LATING TO SPECIAL USES AND ZONING FOR ADULT
BUSINESSES.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS;
SECTION 1. New Chapter 17.59, reading as follows, are
hereby added to the Municipal Code:
Chapter 17.59
Special Uses.
SECTION 17.59 FINDINGS
The City Council finds that the following uses are
subject to such close overview as to location,
operation, regulations, harmony with other uses,
hours and other matters as to make necessary
special zoning for such uses:
1. Adult Businesses
2. Entertainment businesses
3. Massage Parlors
4. Gasoline stations
5. Motion Picture Theaters
6. Etc.
SECTION 17.59-2. Adult Businesses Findings The
City Council (as previously set forth in Section
9450-A) finds and determines that the Planning and
Building Departments of this City (and those of
other cities) 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 the
Zoning Code regulations for such uses, and to
abate non -conforming uses.
SECTION 17.59-3. 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 by 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. An "Adult Business" is also defined as any
business dispensing "sexually oriented" materials
or viewings for pay, as a predominent, principal,
substantial, significant or even occasional part
of the business.
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, manifestation of, which is gratification,
prurient, education, entertainment, observation,
reading, or other stimulus, excitation, or study
223
224
Ordinance No. 40T
of human heterosexual, homosexual, or other
"explicit sexual activity," or stimulation or
depiction thereof.
C. "Explicit sexual activity" means acts or
depictions (real or simulated) of sexual
intercourse, oral copulation, anal intercourse;
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 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. Such definition
includes both actual and simulated acts and
specifically includes showing any sexual organ in
a turgid state whether partially obscured or not.
D. An "adult business" shall not be allowed in
any zone of the city, and shall be permitted only
along (1) Irwindale Avenue, north of First Street,
and (2) on Arrow west of the Live Oak
intersection, and (3) on Live Oak west of Maine,
and (4) on Foothill Blvd. and (5) on Myrtle, north
of Peck.
E. An "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 500 feet of
residentially zoned property, nor within 500 feet
of premises selling alcoholic beverages, nor
within 1,000 feet of another such "adult
business". Any other type "sexually oriented"
business whether an "adult business" or not shall
be similarly regulated and restricted, under the
authority of the U. S. Supreme Court cases of
Young v. American Mini -theatres and Renton v.
Playtime.
F. No "adult business" new or existing, may
maintain closed areas, booths, cubicles, rooms or
other areas (within its place of business) that
are used, designed or furnished for private sexual
activity. No nudity or sexual activities by
customers shall be allowed on the premises. This
section shall become effective immediately with no
amortization.
G. Violation of any of these regulations may be
abated by closing the entire business.
H. Every operator of an "adult business" shall
permit the police to inspect the business
activities at any time to assure compliance with
these regulations.
4 SECTION 17.59-4 Alternative. In the event any
prohibition set forth 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 Permit pursuant to the provisions
of the Zoning Code of this City an an
Environmental Impact Report pursuant to the
California Environmental Quality Act.
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Ordinance No. 401
SECTION 17.59-5. Non -Conforming Uses. 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 12
months from date of notice, and then abated as a
violation of this Code. This section shall not
affect Section 17.59 F and uses thereunder which
are made illegal herewith.
SECTION 17.59-6 Repeal. All inconsistent
provisions of this Code relating to "adult
businesses" and the abatement thereof are
repealed, and in particular Section 9450-A is
repealed. All "adult business" shall be regulated
Fli by this chapter.
SECTION 17.59-7 Continuity, This Ordinance shall
not affect or prejudice any proceeding for
violation of Ordinance 335 or 341. This is
intended as a supplement only and shall not be
deemed to preclude enforcement of the original
ordinances.
SECTION 2. Urgency. This ordinance shall become
immediately effective as an urgency ordinance on findings that
the observation and experience of such businesses in this and
adjoining communities without the controls and regulations set
forth herein has led to actual and severe police problems and
crimes.
SECTION 3. 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, 1986
MAYOR J aster and os
ATTEST:
Marga t S. Barbosa/, City Clerk
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.
401, was introduced at a regular meeting held on May 22, 1986, and
was duly passed, approved and adopted by said Council, approved and
signed by ,the Mayor and attested by the City Clerk at a regular
meeting held on the 12th day of June, 1986, by the following vote
of the Council.
AYES: COUNCILMEN: Breceda, Diaz, Pat Miranda, Tapia and
Mayor Castellanos
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
'Margyet S. Barbosa, CMC
City Clerk/Treasurer