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
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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 _
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