HomeMy WebLinkAboutOrdinance-1986-0657INTRODUCED BY COUNCILMEMBER MER KT,
ORDINANCE NO. 657
Series of 1986
TITLE: AN ORDINANCE AMENDING CHAPTER 2A, ADULT ENTERTAINMENT
FACILITIES, OF THE CODE OF LAWS OF 'r HE CITY OF WHEAT
RIDGE, COLORADO.
WHEREAS in the codification of ordinance No. 471, Series of
1981, certain headings were inadvertently deleted; and
WHEREAS certain additional definitions and statements of
purpose are deemed necessary by the City Council in order to make
the intent of Chapter 2A of the Code of Laws of the City of Wheat
Ridge more clearly understandable and enforceable
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO AS FOLLOWS:
Section 1. Section 2A-2 of the Code of Laws of the City of
Wheat Ridge is hereby amended by repealing and reenacting the
definition of "Adult Amusement or Entertainment" as follows:
Adult amusement or entertainment: Amusement or
entertainment which is distinguished or characterized by an
emphasis on material depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas" or
which features topless dancers, topless servers of food or
beverages, exotic dancers, strippers, male or female
impersonators or similar entertainment.
Section 2. Section 2A-2 of the Code of Laws of the City of
Wheat Ridge is hereby amended by repealing and reenacting the
definition of "Regulated Use" as follows:
Regulated use: Any establishment, building, or use housing,
permitting or containing any adult amusement or entertainment,
adult establishment, cabaret or tavern, establishment 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.
Section 3. Chapter 2A of the Code of Laws of the City of
Wheat Ridge is hereby amended by adding Section 2A-6, Purpose, as
follows:
Section 2A-6, Purpose. In adopting this Chapter 2A, the
City Council of the City of Wheat Ridge and the citizens of the
City of Wheat Ridge are concerned with protecting the not
incompatible concerns for the preservation of legitimate First
Amendment rights, on the one hand, and the preservation and
protection of residential neighborhoods from intrusion by and
concentration of adult oriented businesses, adult entertainment
facilities, and regulated uses, on the other hand. Adoption of
the conditions and restrictions as set forth herein is based upon
the City's desire to accommodate in a manner consistent with the
requirements of the Constitutions of the United States and the
State of Colorado both of these legitimate concerns. It is
deemed by the Council that the conditions and restrictions set
forth herein are necessary for the protection of all legitimate
rights, and are no more restrictive than necessary to adequately
protect all of said rights.
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 adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 6. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 10th day of February , 1986,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for February 24 , 1986, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 24th day of February
1986.
1986.
SIGNED by the Mayor on this 25th day of February
Frank Stites, Mayor
2
ATTEST:
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' -r ~'~t"~rLra
Wanda Sang, Cit Clerk
1st Publication: 2/13/86 APPROVED,A~-'TO FORM BY,-
2nd Publication: 2/27/86 OFFICE OP ,,CITY ATTORNEY:
Wheat Ridge Sentinel:
Effective Date: 2/28/86
John t. Hayes