HomeMy WebLinkAbout1864 - Prohibiting the Use of Property Within the City of Newport Beach for Adult Entertainment Purposes Pursuant to Section 65858 of the California Government CodeT-
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ORDINANCE NO. 1864
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH PROHIBITING THE USE OF PROPERTY WITHIN
THE CITY OF NEWPORT BEACH FOR ADULT ENTER-
TAINMENT PURPOSES PURSUANT TO SECTION 65858
OF THE CALIFORNIA GOVERNMENT CODE
WHEREAS, there presently are no adult entertainment
activities being conducted within the City of Newport Beach, as
hereinafter defined; and
WHEREAS, there are no existing zoning regulations or
ordinances of the City of Newport Beach which deal with adult
entertainment; and
WHEREAS, the City Council finds that the unplanned for
and uncontemplated development of property for adult entertain-
ment purposes could alter the character of developed
neighborhoods or prevent the orderly and reasonable development
of new commercial development; and
WHEREAS, the City Council finds that in other communi-
ties the intrusion of unplanned for and uncontemplated adult
entertainment activities tends to deteriorate neighborhoods and
create unhospitable and unwholesome surroundings; and
WHEREAS, the City Council finds that neighborhoods with
an inordinant number of adult entertainment uses tends to attract
undesirable quantities and quality of transients, adversely
affects property values, causes an increase in crime, especially
prostitution, and encourages the relocation of existing
residences and businesses to other areas; and
WHEREAS, the City Council desires to instruct the
Planning Commission to study the appropriate land use regulation
for adult entertainment areas prior to the unplanned for and
uncontemplated intrusion of such activity within the City; and
WHEREAS, the pending consideration by the Planning
Commission of a comprehensive zoning regulation to deal with the
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• planning for and use of adult entertainment areas within the City
of Newport Beach, the City Council finds that it would be in the
best interest of the City and would protect and preserve the pub-
lic safety, health and welfare to prohibit the establishment, use
and /or maintenance of any adult entertainment within any district
within the City; and
WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of an interim zoning
ordinance, on an emergency basis, prohibiting uses which may be
in conflict with a contemplated zoning proposal which the City
Council, Planning Commission and Planning Department are con-
sidering or studying, or intend to study, within a reasonable
time; and
WHEREAS, in enacting this Ordinance the City Council
hereby finds and declares that it is acting pursuant to the
authority of Section 65858 of the California Government Code,
0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. No person within the City of Newport Beach
shall permit, operate, allow to be operated, cause to be opera-
ted, or assist in the operation of a use of property as an adult
entertainment use. Adult entertainment use, as defined in this
Section, shall mean and adult motion picture theater, an adult
mini - motion picture theater, or an adult bookstore.
An adult motion picture shall mean an enclosed building
with a capacity of 50 or more persons used for presenting
material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activi-
ties" or "specified anatomical areas" (as defined below) for
observation by patrons therein.
Adult mini - motion picture theater shall mean an
enclosed building with a capacity for less than 50 persons used
for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to
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"specified sexual activities" or "specified anatomical areas" (as
defined below) for observation by patrons therein.
Adult bookstore shall mean an establishment having as a
substantial or significant portion of its stock in trade, books,
magazines, periodicals or other printed materials which are
distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" (as defined below),
or an establishment with a segment or section devoted to the sale
or display of such material.
For the purposes of this Ordinance, "specified sexual
activities" are defined as:
1. Human genitals in a state of sexual stimulation or
arousal;
sodomy;
2. Acts of human masturbation, sexual intercourse or
3. Fondling or other erotic touching of humans
genitals, pubic region, buttock or female breast.
For the purposes of this Ordinance, "specified
anatomical areas" are defined as:
1. Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks; and
C. Female breast below a 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 2. If adopted by a four - fifths (4/5) vote of
the City Council, this Ordinance shall be effective for four (4)
months from the date of adoption thereof; provided, however, that
after notice pursuant to Section 65856 and public hearing, the
City Council may extend such interim Ordinance for eight (8)
months and subsequently extend interim Ordinance for one (1)
year. Any such extension shall also require a four- fifths (4/5)
vote for adoption.
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SECTION 3. This Ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
stated herein and shall take effect immediately if adopted by a
four - fifths (4/5) vote of the members of the City Council.
SECTION 4. This ordinance shall be published once in
the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council of
the City of Newport Beach held on the 25th day of August
1980, by the following vote, to wit:
ATTEST:
City Clerk U
CERWIE.g AS THE CNtIGINAL AND
(CERTIFIED AS TO PUBLICATION
SEP 4 1980
DATE
YT CLERK OF THE CITY OF NEWPO6i S M
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AYES, COUNCILMEN Cox, Hart. Heather,
Hummel, Maurer, Plummer. Strauss
NOES, COUNCILMEN
ABSENT COUNCILMEN
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