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Home My WebLink About403224 ORDINANCE NO. 403 AN ORDINANCE OF THE CITY OF IRWINDALE ADDING NEW CHAPTER 17.59 TO THE MUNICIPAL CODE, RELATING 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, is 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 �o meet special conditions relating to such uses, including roblems relating to litter, traffic, parking, hours of peration, noise, congestio , public nuisance, depreciation of property values, proximiy to incompatible uses, appropriate concentration a d 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 $or 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 usiness dispensing "sexually oriented" materials or q iewings for pay, as a predominent, principal, substantial, significant or even occasional part of the business. "Sexually oriented" shall mean any use, display sale, roduct, book, treatment, manipulation, projection machine r other device, the principal advertised and emphasized urpose, use of, manifestation of, which is gratification, rurient, education, entertainment, observation, reading, r other stimulus, excitation, or study of human hetero- exual, homosexual, or other "explicit sexual activity," r stimulation or depiction thereof. 2219 Ordinance No. 403 C. "Explicit sexual activity" means acts or depictions (real or simulated) of sexual intercourse, oral copulation, anal intercourse, oral -anal copulation 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 judically declared not subject to local control. Such definition 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 Boulevard, 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 with 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. 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 auto- matically be classified as 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 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. 229 Ordinance No. 403 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 businesses" shall be regulated 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 17th day of July, 1986. MKyor J6se - ., . ATTEST: unarles x. inaTtiin, Acting City Clerk_ I, Char R. Martin, Acting City Clerk of the City of Irwindale, o hereby certify that the foregoing Ordinance, being Ordinance No. 403, was introduced at a regular meeting of the City Council of the City of Irwindale held on the 12th day of June, and duly passed, approved and adopted on Urgency, by said Council, reapproved and signed by the Mayor and attested by the City Clerk at a regular meeting of said City Council held on the 17th day of July, 1986, by the following vote of the Council. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN Breceda, P. Miranda, Tapia, Diaz and Mayor Castellanos None None