[Added 11-26-1979 by Ord. No. 79-8]
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:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, 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.
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.
Film or films in which any person is shown, depicted or revealed
in any act of sexual conduct or sadomasochistic abuse.
Any description, narrative account, display, or depiction
of sexual activity or anatomical area contained in or consisting of
a picture or other representation, publication, sound recording, live
performance or film, which by means of posing, composition, format
or animated sensual details:
[Added 11-23-1999 by Ord. No. 99-13]
Depicts or describes, in a patently offensive
way, ultimate sexual acts, normal or perverted, actual or simulated,
masturbation, excretory functions, or lewd exhibitions of the genitals;
Lacks serious literary, artistic, political,
or scientific value, when taken as a whole; and
Is a part of a work, which to the average person
applying contemporary community standards, has a dominant theme taken
as a whole, which appeals to the prurient interest.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
[Added 11-23-1999 by Ord. No. 99-13]
Flagellation or torture by or upon a human being who is nude
or 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.
Human masturbation, 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.
[Added 11-23-1999 by Ord. No. 99-13]
A commercial establishment which as one of its
principal business purposes offers for sale, rental, or display any
of the following: books, magazines, periodicals or other printed material,
or photographs, films, motion pictures, video cassettes, slides or
other visual representations which depict or describe obscene material,
a specified sexual activity or specified anatomical area; or still
or motion-picture machines, projectors or other image-producing devices
which show images to one person per machine at any one time; and where
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area; or instruments, devices,
or paraphernalia which are designed for use in connection with a specified
sexual activity; or
A commercial establishment which regularly features
live performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity, or dancing in an obscene or
lewd manner, or which regularly shows films, motion pictures, video
cassettes, slides, obscene material, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
[Amended 11-23-1999 by Ord. No. 99-13]
[Amended 11-23-1999 by Ord. No. 99-13]
[Amended 12-20-1982 by Ord. No. 82-12; 11-23-1999 by Ord. No. 99-13]
Sexually oriented businesses, obscene material,
amusement device arcades, adult book stores, adult motion-picture
theaters, live dance performances in an obscene or lewd manner, dance
halls, poolrooms, billiard parlors, massage parlors, and bowling alleys
are hereby deemed to be regulated uses.
[Amended 12-20-1982 by Ord. No. 82-12; 11-23-1999 by Ord. No. 99-13]
A.
No person shall operate a regulated use within 1,000
feet of any existing regulated use, or any church, synagogue, temple,
or other place of public worship, or any elementary or secondary school,
or any school bus stop, or any municipal or county playground or place
of public resort and recreation, or within 1,000 feet of any area
zoned for residential use.
B.
Every sexually oriented business shall be surrounded
by a perimeter buffer of at least 50 feet in width, with plantings,
fence or other physical divider along the outside of the perimeter
sufficient to impede the view of the interior of the premises in which
the business is located. This subsection shall not apply to a sexually
oriented business already lawfully operating on the effective date
of this subsection.
C.
No sexually oriented business shall display more than
two exterior signs consisting of one identification sign and one sign
giving notice that the premises are off limits to minors. The identification
sign shall be no more that 40 square feet in size.
Any person, firm or corporation or other party
violating any of the provisions of this chapter shall, upon conviction
thereof, be subject to a fine of not exceeding $500 or imprisonment
in the county jail for a term not exceeding 90 days, or both, in the
discretion of the judge before whom such conviction shall be entered.
Each and every violation 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.
