HomeMy WebLinkAboutOrdinance #2839 ORDINANCE NO. 2839
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING ARTICLE 975
DEFINING AND REGULATING ADULT BUSINESSES
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending article 975 to read as follows:
9750 Purpose. The City Council finds that adult
businesses, particularly when several of them are concentrated,
may have a deletorius effect on adjacent areas, may cause a
degradation of the community standard of morality, and may lead to
increased levels of criminal activities. Special regulation of
these businesses is necessary to insure that such adverse effects
do not blight or downgrade surrounding neighborhoods, and the
primary purpose of regulation is to prevent concentration or
clustering of these businesses in any one area, or within
specified distances from residential, church and educational uses .
9751 DEFINITIONS. For the purpose of this article, the
following words and phrases shall have the meanings hereinafter
set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used:
(a) "Adult business" - either (1) any business which is
conducted exclusively for the patronage of adults and from which
minors are specifically excluded either by law or by the operators
of such business, except any business licensed by the state
Department of Alcoholic Beverages; or (2) any business, other than
those expressly specified in this article, where employees or
patrons expose specified anatomical areas or engage in specified
sexual activities; or (3) any other business or establishment
which offers its patrons services or entertainment characterized
by an emphasis on matter depicting, exposing, describing,
discussing or relating to specified sexual activities or specified
anatomical areas .
(b) "Baths, sauna baths, massage establishments" -- any
business or establishment, defined in section 5.24.010(b) of the
Huntington Beach Municipal Code.
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(c) "Escort bureau; introduction services" -- any business
or establishment, defined in section 5.70.010(i) of the Huntington
Beach Municipal Code.
(d) "Figure model studio" -- any business or establishment,
defined in Huntington Beach Municipal Code section 5 .60.010(a) .
(e) Specified sexual activities shall include any of the
following:
(1) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral anal copulation, bestiality,
direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of
excretory functions in the context of a sexual relationship, and
any of the following sexually-oriented acts or conduct: analingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
(2 ) Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence; or
(3) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(4) Fondling or touching of nude human genitals, pubic
region, buttocks or female breasts; or
(5) Masochism, erotic or sexually-oriented torture,
beating or the infliction of pain; or
(6) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal
or anal irrigation.
(f) "Specified anatomical areas" shall include any of the
following:
(1) Less than completely and opaquely covered human
genitals or pubic region; buttock; or female breast below a point
immediately above the top of the areola; or
(2) Human male genitalia in a discernibly turgid state,
even if completely and opaquely covered.
9752 CONDITIONAL USE PERMIT. Notwithstanding any
Municipal Code, no person shall establish, conduct, operate, or
maintain any adult business, as defined in section 9751 of this
article on any property in the City of Huntington Beach without
having first obtained a conditional use permit therefore, pursuant
to provisions contained in Article 984 of this code.
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9753 LIMITATION ON LOCATION. No conditional use permit
shall be granted for any adult business if the proposed location
is:
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(a) Within two hundred (200) feet of any lot zoned for
residential use: or
(b) Within five hundred (500) feet of any lot upon which
there is located a church or educational institution frequented by
minors; or
(c) Within one thousand ( 1000) feet of any lot upon which
there is located any other adult business defined in section 9751
of this article; or
For purposes of this article, all distances shall be measured
in a straight line, without regard to intervening structures or
objects, from the nearest point of the portion of the building or
structure where said adult business is located to the nearest
property line of any lot or premises zoned for residential use, or
to the nearest property line of any lot or premises of a church or
educational institution frequented by minors, or to the nearest
point of any building or structure used as part of the premises of
any other adult business.
9754 VIOLATION AND PENALTY
(a) Every person, whether acting as an individual owner,
employee of the owner, operator or employee of the operator, or
whether acting as a mere helper for the owner, employer or
operator , or whether acting as a participant or worker who in any
way operates, manages or conducts any adult business as defined in
section 9751 without first obtaining a conditional use permit from
this city or who violates any provision of this article, shall be
j guilty of a misdemeanor. Any person violating any of the
provisions of this article shall be fined not less than one
hundred dollars ($100) for each offense, and each day, or portion
thereof, such violation continues shall be regarded as a separate
offense.
b An establishment operated, conducted or maintained
( ) Y t P
contrary to the provisions of this article is unlawful and a
public nuisance, and the City Attorney may, in , addition to or in
lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings for the abatement,
removal and enjoinment thereof, in the manner provided by law and
shall take such other steps and shall apply to such court or
courts as may have jurisdiction to grant relief as will abate or
remove such establishment or activities defined in section 9751
and restrain and enjoin any person from operating, conducting or
maintaining such an establishment contrary to the provisions of
this article.
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SECTION 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections , sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
SECTION 3. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of May 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City ttorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Adm nistrat r Directory of Developme
Services
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Ord. No. 2839
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
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City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 5th day of May ,
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of May 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
MacAllister
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Allcta M. Wentworth CITY CLERK of the City of
Huntinitton Beach and ex.cffl to Clerk of the GFty
Council, do hereby certify that a synopsis of this
Ordinance has been published in the Hunlingt*n
Beach Independent on
in accordance with the city Charter Of said City.
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