Editor's note—Ord. No. 2007-05, § 7, adopted
March 21, 2007, repealed and replaced Article 42, pertaining to adult
entertainment establishments, which derived from Zoning Code, Ch.
108, §§ 1082.2—1082.4, 1082.6; Ord. No. 95-3,
§§ 1, 2, adopted April 5, 1995; and Ord. No. 2000-15,
§ 4, adopted April 26, 2000.
It is the purpose and intent of this chapter to regulate the
operations of adult businesses, which tend to have judicially recognized
adverse secondary effects on the community, including, but not limited
to, increases in crime in the vicinity of adult businesses; decreases
in property values in the vicinity of adult businesses; increases
in vacancies in residential and commercial areas in the vicinity of
adult businesses; interference with residential property owners' enjoyment
of their properties when such properties are located in the vicinity
of adult businesses as a result of increases in crime, litter, noise,
and vandalism; and the deterioration of neighborhoods. Special regulation
of these businesses is necessary to prevent these adverse secondary
effects and the blighting or degradation of the neighborhoods in the
vicinity of adult businesses while at the same time protecting the
First Amendment rights of those individuals who desire to own, operate
or patronize adult businesses.
(Ord. No. 2007-05 § 7, 3-21-07)
In addition to any other definitions contained in the municipal code, all words and phrases included in this chapter shall be consistent with the definitions in Chapter 16E, Article 1, section 16E-2, unless it is clearly apparent from the context that another meaning is intended.
(Ord. No. 2007-05 § 7, 3-21-07)
(a)
Adult businesses, as defined in Chapter 16E, Article 1, section 16E-2 of this code, shall be permitted only in certain commercial shopping centers listed below:
|
Center Name
|
Address
|
|---|---|
|
De Norte Plaza
|
302 - 358 W. El Norte Parkway
|
|
Escondido Center
|
2315-2375 E. Valley Parkway
|
|
Felicita Plaza
|
325 - 469 W. Fellcita Avenue
|
|
Ferrara Plaza
|
2401 - 2447 E. Valley Parkway
|
|
Westfield Shoppingtown
|
200 - 298 E. Via Rancho Parkway
|
|
Escondido Promenade Center
|
1200 - 1290 Auto Parkway
|
|
Escondido Town & Country
|
1605 - 1665 E. Valley Parkway
|
(b)
In addition to the requirements of subsection (a) of this section, no adult business as defined in Chapter 16E, Article 1, section 16E-2 of this code shall be located within 500 feet from any other adult business. The distance between the adult uses shall be measured from the closest exterior wall of any two adult businesses without regard to intervening structures.
(Ord. No. 2007-05 § 7, 3-21-07)
(a)
Any person operating or causing the operation of an adult business in any parcel in which no application for an adult business regulatory license under Chapter 16E has been filed or granted, or any person violating or causing the violation of any of the locational provisions regulating adult business shall be subject to license revocation/suspension pursuant to section 16E-7, a fine of not more than $1,000 pursuant to Government Code Sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
(b)
In addition to the remedies set forth in section 33-823(a), any violation
of any of the locational provisions regulating adult business is hereby
declared to constitute a public nuisance and may be abated or enjoined.
(Ord. No. 2007-05 § 7, 3-21-07)
The provisions of this chapter regulating adult businesses are
not intended to be exclusive, and compliance therewith shall not excuse
noncompliance with any other provisions of the municipal code and/or
any other regulations pertaining to the operation of businesses as
adopted by the city council of the City of Escondido.
(Ord. No. 2007-05 § 7, 3-21-07)
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter and the ordinance to which it is a part, or
any part thereof is held for any reason to be unconstitutional, invalid,
or ineffective by any court of competent jurisdiction, the remaining
sections, subsections, paragraphs, sentences, clauses, and phrases
shall not be affected thereby. The city council hereby declares that
it would have adopted this chapter and the ordinance to which it is
a part regardless of the fact that one or more sections, subsections,
paragraphs, sentences, clauses, or phrases may be determined to be
unconstitutional, invalid, or ineffective.
(Ord. No. 2007-05 § 7, 3-21-07)
