In the development and execution of this chapter, it is recognized that
there are some uses which, because of their very nature, are recognized as
having serious objectionable operational characteristics, particularly when
several of them are concentrated under circumstances having a deleterious
effect upon the adjacent areas. Special regulation of these uses is necessary
to ensure that these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhood.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of
its stock-in-trade books, magazines and other periodicals and films and other
viewing materials which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to special sexual activities,
sexual conduct or specified anatomical areas, or an establishment with a segment
or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE FACILITY
An enclosed building to accommodate multiple people, or an enclosure
design for a single person, used for presenting either as a feature or for
preview material distinguished or characterized by an emphasis in a matter
depicting, describing or relating to specified sexual activities, sexual conduct
or specified anatomical areas for observation by patrons therein.
[Added 2-26-1997 by Ord.
No. 97-6]
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished or
characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities, sexual conduct or specified anatomical areas
for observation by patrons therein.
MOTION PICTURE
Film or films in which any person is shown, depicted or revealed
in any act of sexual conduct or sadomasochistic abuse.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude, clad
in undergarments or in revealing or bizarre costumes, or the condition of
one who is nude or so clothed and is being fettered, bound or otherwise physically
restrained.
SEXUAL CONDUCT
Human masturbation and sexual intercourse or any touching of the
genitals, pubic areas or buttocks of the human male or female or the breasts
of the female, whether alone or between members of the same or opposite sex
or between humans and animals, in an act of apparent sexual stimulation or
gratification.
SPECIAL ANATOMICAL AREA
A.
Less than completely and opaquely covered human genitals, pubic region,
buttock or female breast below a point immediately above the top of the areola.
B.
Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Any act of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
VIDEO BOOTHS
Video booths for the use of viewing video movies or films in which
any person is shown, depicted or revealed in any act of sexual conduct or
sadomasochism abuse.
[Added 3-26-1997 by Ord.
No. 97-8]
[Amended 9-12-1984 by Ord.
No. 84-26]
Any person, firm or corporation or other party violating any of the
provisions of this chapter shall, upon conviction thereof, be subject to one
or more of the following: a fine not exceeding $1,250 or imprisonment in the
county jail for a term not exceeding 90 days, or a period of community service
not exceeding 90 days, in the discretion of the Municipal Court Judge. Each
and every violation of and nonconformance to this chapter, or each day that
any provision of this chapter shall have been violated, shall be construed
as a separate and distinct violation thereof.