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HomeMy WebLinkAboutOrdinance-1981-0471INTRODUCED BY COUNCILMEMBER BOWMAN ORDINANCE NO. 471 Series of 1981 TITLE: AN ORDINANCE RFGULATING THE LOCATION OF ADULT F.NL'ERTAINMENT FACILITIES WITHIN THE CITY OF WHEAT RIDGE AND PROVIDING A PENALTY FOR VIOLATION HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: WHERFAS, the City Council of the City of Wheat Ridge and the citizens of the City of Wheat Ridge and surrounding areas are concerned with the dual and not incompatible concerns' of the preservation of First Amendment rir-hts on the one hand and the protection of residential neighborhood from intrusion by and concentration of adult oriented businesses and adult entertainment facilities on the other hand; PIT?EREAS, the establishment of City of Wheat ?idoe has created the Council to reaul3te the location at ment facilities may be located, an adult book store within the desire on the part of the City which any future adult entertain- Nr)W, T?EREF RE, the City Council of the City of Wheat Ridge fi-iris as follows: Sectio.. 1. Re,1t.'ate:? "Ses. A. Pur Dse. T:,e purpose of this section is as follows: In the developmen-- and execution of this ordinance, it i; -eco onized that there are some uses which, because of their very nature, are reCoanized as having serious objectionable characteristics, particularly when several of them are concentrated under certain -i-cumsta-ices thereby having a deleterious effect upon the adjacent are,--s. Special regulation of these uses is necessarv t, i nGL..re t?-at t':ese adverse effects will not contribute to the bl-- inc or -3o~`na: ~inq of the surrounding neighborhood. These s_nec. _ -equlations are itemized in this section. The primary control or reculati-~n is for the purpose of preventing a concentration of there uses in an," one area (i.e. not more than two such uses w-thin 25500 feet Of each other) which wo_ld create such :verse effects. T)efinitionS. AS used in tI-.iS SeCti-on, the following words aril phrases will '-,a-,-e ,',:e fOllOw`i-:❑ 'l °_ci1?-_'S: Adult entertain^,ent facility an as-lt book store, an adult mini motion picture theater, an adult motion picture theater, an adult establishment, adult photo studio or any facility housing or d_snlavino adult amusement or entertainment. Adult amusement or entertainment: Amusement or enterta'ment ich is distinguished or characterized bLL• an emphasis on ;-aterial depicting, describina or relating to "specified se>-ual al-tivities" or "spec fled anatomical areas" or w 1C.`l features topless Mincers, cers, strippers, male or to-ale 'T`--)erscnators or Similar - TP".Ct~ S`--:_O: an esta:?1_Sh7ent which, cn i)a'.:ent of a t2o -.,^.:'^tOC-aphiC e qi]1')P'.Fnt P;O'~e_S fr'r t..E .:raJSe S:•e-i=ce°4 an at 0'.'_.--_ n areas. - ct^rc+: a❑ es-a. ishre-t ac a ant p='rt _O^ ~f 1ts stoc". y_. t--... ^oS w`- _ are ' - e-'phas-S i_ctt .tee" Ct_al^, '~escril in-- or °S:°_C led ~n.~. -.r;. is tti:1s sec t3 on cr a:. est.a:lam: .:-e`it a c' Orl •~i .~v t.°_ t^:P cG' __C~_ _F Sii-h a.i erlal. ri re t':t. er. 2•: C.~CEe },U41 _ _ 4:1t:t =~c,n -s; fC_ 4 - -'c e.._1_ia _S-. _ c` cte-_Ze an e -is s7 On at`er =e_; i tir Page two Adult motion picture theater: An enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, for observation by patrons therein. Adult establishment- Any adult book store, adult mini motion picture theater, adult motion picture theater, or any combination thereof. Regulated use- Any adult establishment, cabaret or tavern, esta- blishment for the sale of beer or intoxicating liquor for consumption on the premises, hotel or motel, pawn shop, pool or billiard hall, public lodging house, or second hand store, or any combination thereof. Specified anatomical areas: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below the point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse or sodomy; and (3) fondling or other erotic touching of of human genitals, pubic region, buttock or female breast. C Concentration prohibited. Adult entertainment facilities as above described are hereby subject to the following location restric- tions: (a) No adult entertainment facility shall be so located, situated, established, carried on, operated or maintained within one thousand feet of any residentially zoned property. Said one thousand feet shall be measured from the property line of both the residentially zoned property and the property line of the adult entertainment facility. (b) No adult entertainment facility shall be located, situated, established, carried on, operated or maintained within one thousand feet of any public or private school, whether pre-school or day-care center, elementary, secondary or high school, nor within one thousand feet of any church. Said one thousand feet shall be measured from the property line of both the school or church and the property line of the adult entertainment facility. (c) No adult entertainment facility shall be located, situated, established, carried on, operated or maintained within one thousand feet of any park or playground. Said one thousand feet shall be measured from the property line of both the park or playground and the property line of the adult entertainment facility. (d) No adult entertainment facility shall be located, situated, established, carried on, operated or maintained within two thousand five hundred feet of any other adult entertainment facility. Section 2. The City Council, upon the recommendation of the Planning Commission, may waive the requirements of this section if, and only if, each of the following conditions are established by substantial evidence following public hearing at which due process is afforded- 1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this ordinance will be observed. 2. The proposed use will not enlarge or encourage the development of a skid row area. 3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conser- vation nor will it interfere with any program of urban renewal. Pa7c lhr(--- 4. All other applicable regulations of thiscitv's zoning ordinance will be observed. Section 3. Maintaining a public nuisance. Any person, firm, corporation, partnership, or entity which owns, operates, establishes, or carries on an adult entertainment facility in violation of any of the provisions of Section 1(C) of this ordinance is guilty of maintaining a public nuisance, and, upon conviction thereof, shall be subject to a fine no less than $100 nor more than $300, imprisonment not to exceed 30 days, or both such fine and imprisonment. additionally, any business operated in violation of this ordinance may be closed by injunction as a public nuisance. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudaed by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate t.-.e remainder of this or.?inance or its application to other persons or circumstances. Section 6. This ordinance shall take effect one day after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 _ to 0 on this 28 day of September, 1981; ordered pub lis',e3 in full in a newspaper of General circulation in the City of Wheat Ridge and Public ?iearing an3 consi3eratlon on final passage set for October 19 1981, at 7;3p c'clock P.M., at Council Chambers, 7500 jest loth Avenue, Beat Rid e, Colorado. RSAD, ADOPTED AND ORDERED PL'3T_IS-EP on second and `final reading by a vote of $ _ to _ 0_ his 19th da ' cf _ October I 1981. SIG ED by t}3e ayor on ± is 20th da," of October , 1981. Franc S. -i_e- `_vor 4 u_ t_ n Oct. 1, 1981 - - Oct. 22, 1981 ? Wheat Ridge Sentinel ' Oct. 231981 _ r-- -mom r' O