Ord 020-94 3/1/1994 ' ]T
t
ORDINANCE NO. a i O-q 4
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, REPEALING SECTION 20-23 OF THE CODE OF
ORDINANCES AND AMENDING SECTION 5500 OF THE ZONING
ORDINANCE TO PROVIDE FOR THE REGULATION OF SEXUALLY
ORIENTED COMMERCIAL ESTABLISHMENTS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, there is a need for the regulation of businesses
which offer sexually oriented materials, activities or services
to the p ublic; and
WHEREAS, such regulations address the use of property and
should be contained in the zoning ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Section 20-23 of the Code of Ordinances is
hereby repealed in its entirety.
SECTION 2 . Section 5500 of the Zoning Ordinance is hereby
amended to read in its entirety as follows:
"5500 SEXUALLY ORIENTED COMMERCIAL ESTABLISHMENT
5510 Distance Separation Required
A person commits an offense if he operates or causes to be
operated within one thousand (1, 000) feet of a church, a public
or private elementary or secondary school, a United States
military installation which contains a training school for armed
forces members, a residential dwelling unit in which one or more
persons maintain a residence, a public park, or another business
of a type hereinafter enumerated in this section, a business of
one of the following types :
A. An adult bookstore as hereinafter defined.
B. An adult motion picture theater as hereinafter defined.
C. A business or enterprise which offers for a consideration
nude human modeling.
D. A business or enterprise that offers for a consideration
physical contact between persons when one or more of such
persons are nude or semi-nude.
E. A bar, nightclub or other similar commercial establishment
that offers as entertainment, for the purpose of providing
sexual stimulation to the customers of such establishment,
live performances by a person or persons who expose
specified anatomical areas or who perform specified sexual
activities.
F. An adult arcade as hereinafter defined.
G. An adult motel as hereinafter defined.
H. An adult theater as hereinafter defined.
I . An escort agency as hereinafter defined.
For the purposes of this section, distances shall be measured in
a straight line, without regard to intervening structures or
objects, from the nearest portion of the building used as a
business or enterprise enumerated in this subsection to the
nearest portion of the building used by another business or
enterprise so enumerated or to the nearest property line of the
premises of a church, a public or private elementary or secondary
school, a United States military installation on which is located
a school for training armed forces members, or public park, or to
the nearest portion of a building used as a residential dwelling
unit in which one or more persons maintain a residence.
5520 Exception to 5510, C.
It shall be a defense to prosecution under subsection C above
that the business or enterprise is one of the following:
1 . A proprietary school licensed by the State of Texas .
2 . A college, junior college or university supported
entirely or partly by taxation.
3. A private college or university which maintains and
operates educational programs in which credits are
transferable to a college, junior college or university
supported entirely or partly by taxation.
5530 Sexually Oriented Commercial Establishment Defined
When used in this section, the following words shall have the
following meanings :
A. "Adult bookstore" : An establishment which as one of its
primary business purposes offers for sale, rental or trade
for any form of consideration books, magazines, periodicals
or other printed materials, photographs, films, motion
pictures, video cassettes or video reproductions, slides or
other visual reproductions which are distinguished or
characterized by an emphasis on matters depicting,
describing or related to "specified sexual activities" or
"specified anatomical areas"; or instruments, devices or
paraphernalia which are designed for use in connection with
"specified sexual activity" or which depict "specified
anatomical areas" .
B. "Adult motion picture theater" : A commercial establishment
where, for any form of consideration, films, motion
pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are distinguished or
characterized by an emphasis on "specified sexual activity"
or the exposure of "specified anatomical areas" .
C. "Specified sexual activities: "
1 . Human genitals in a state of sexual stimulation or
arousal;
2 . Sex acts, normal or perverted, actual or simulated,
including intercourse, masturbation, oral copulation,
or sodomy;
3. Fondling or other erotic touching of human genitals,
pubic region, buttock or female breasts.
4 . Excretory functions as part of or in conjunction with
any of the activities set forth in 1 through 3 above.
D. "Specified anatomical areas: "
1 . Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttocks; and
(c) Female breasts below a point immediately above the
top of areola; and,
2 . Human male genitals in a discernibly turgid state, even
if completely and opaquely covered.
E. "Semi-nude: " A state of dress in which clothing covers no
more than the genitals, pubic region, and areola of the
female breasts, as well as portions of the body covered by
supporting straps or devices.
L
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F. "Adult arcades" : Any place to which the public is permitted
or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image
producing devises are maintained to show images to five (5)
or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by an
emphasis on matters depicting, describing or relating to
"specified sexual activities" or "specified anatomical
areas" .
G. "Adult motels" : A motel, hotel, or similar commercial
establishment which:
1 . Offers accommodations to the public for any form of
consideration; provides patrons with closed-circuit
television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions
which are distinguished or characterized by an emphasis
on matters depicting, describing or relating to
"specified sexual activities" or "specified anatomical
areas" and which has a sign visible from a public
right-of-way which advertises the availability of this
type of photographics; or
2 . Offers a sleeping room for rent for a period of time
that is less than ten (10) hours; or
3. Allows a tenant or an occupant of a sleeping room to
sub-rent the room for a period of time that is less
than ten (10) hours.
H. "Adult theaters" : A theater, concert hall, auditorium, or
similar commercial establishment which regularly features
persons who appear in a state of nudity or live performances
which are distinguished or characterized by an emphasis on
"specified sexual activities" or the exposure of "specified
anatomical areas" .
I . "Escort" : A person who, for consideration, agrees or offers
to act as a companion, guide, or date for another person, or
who, for consideration, agrees or offers to privately model
lingerie or to privately perform a striptease for another
person.
J. "Escort agency" : A person or business association who
furnishes, offers to furnish, or advertises to furnish
escorts as one of its primary business purposes, for a fee,
tip, or other consideration.
r.
5540 Penalty for Violation
A person who violates a provision of this section is guilty of a
separate offense for each day or portion of a day during which
the violation is committed, continued or permitted, and each
offense if punishable by a fine not to exceed Two Thousand
($2, 000. 00) Dollars.
5550 Severability Clause
If any provision or portion of this section is for any reason
held to be invalid, such invalidity shall not affect the validity
of the remaining portions of the section.
5560 Conditional Use Permit Required
No person shall operate a business of the type described in
Subsection 5510 without a conditional use permit authorizing such
operation. The director of planning shall provide the necessary
forms, and shall establish the procedures for the application for
and issuance of such permits. Such permits shall be issued by
the director of planning, for which a fee as approved by the City
Council shall be charged. "
SECTION 4 . It is hereby officially found and determined
that the meeting at which this ordinance was passed was open to
the ublic as required by law.
P q Y
PASSED AND APPROVED this the 1st day of March, 1994 .
4110 .11°' 11111111111°
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A Y O
ATTEST:
it cif c( Tlickso)
1 City Clerk
Affidavit of Publication
THE STATE OF TEXAS Ad 560143
COUNTY OF WICHITA
ORDINANCE NO.19-94
AN ORDINANCE OF THE CITY
tr; COUNCIL WICHITA OF THE CITY OF ,re)
FALLS, TE X AS,
WAIVING SECTION 3140 On this 1st day of Apri 1
SUBSECTION 5 OF THE ZON-
ING ORDINANCE WITH RE-
SPECT TO FRONT SETBACK 1994
TO ALLOW A FIFTEEN (15) , A.D.
FOOT SETBACK ON A POR- personally appeared before me, the undersigned authority
TION OF LOT 6, BLOCK 10-C, D a r i c e Ming
CBS ADDITION, FINDING bookkeeper
AND DETERMINING THAT
THE MEETING AT WHICH
WAS for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
THIS ORDINANCE WAS g p y
PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY Times/Record News, a newspaper published at Wichita Falls in Wichita County,
LAW.
ORDINANCE NO.20-94 Texas, and upon being duly sworn by me, on oath states that the attached
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF advertisement is a true
WICHITA FALLS,TEXAS,RE-
and correct copy of advertising published
PEALING SECTION 20-23 OF one ( 1 )
THE CODE OF ORDINANCES In issues thereof on the following dates:
AND AMENDING SECTION
5500 OF THE ZONING ORDI-
NANCE TO PROVIDE FOR March 31 , 1994
THE REGULATION OF SEX-
UALLY ORCENTs#13 ;COM-
ME TS;'F�.- ENf�t�.�BL1SH-
MENTS FIN[?fNC;fA��l�'DE-'
TER :FHA T THE
MEETING E W A3 DISSCC USSED WHICH
ORDINANCE THIS _x ` Bookkeeper for Times Publishing Company
;�y y
WAS OPEN TO THE PUBLIC of Wichita Falls
'''• AS REQUIRED BY LAW.
` }"--• ORDINANCENO.21-94 2
AN ORDINANCE OF THE CITY ' 3i
{,r�+_,,`.� COUNCIL OF THE CITY of WICHITA FALLS,TEXAS,RE- t` Subscribed and sworn to before me this the day and year first above written:
(
a may„' ZONING ALL OF BLOCKS K 8
P, LOT 31 AND LOTS
THROUGH 52, BLOCK 7, R.E. (")67A,1,7-1 SUB-
DIVISION,
WICHITA FALLS,
TEXAS, FROM SINGLE FAM-
xs ---r ..->-. ILY-2 RESIDENTIAL(SF-2)TO -' • •
�` _-. - '' RIVER DEVELOPMENT DIS c, •:�- r• -- TRICT (RDD); AND.REZON - -
ING LOTS 1 THROUGH 16, -. - -
'
ERY SUBDIVISION WICHITA
FALLS, TEXAS, FROM GEN- -
ERAL COMMERCIAL(GC) TO
RIVER DEVELOPMENT DIS -
TRICT (RDD CASE R
INDING AN _ _ _
D D _
ETER _
MIN-
,
:: �- � ING THAT THE MEETING AT �• -;-. -:. _•
WHICH THIS ORDINANCE
_y WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED zy-• r c! f
~{;. ... BY LAW.
ORDINAN
CE N0.
22-94 _
ORDINANCE WAIVING AP -
. r PENDIX A, SUBDIVISION '
CODE OF ORDINANCES WITH - . .
-'' RESPECT TO PLACING CURB j
�� AND GUTTER ON THE I
NORTHWEST SIDE OF - -
-SEYMOUR HIGHWAY ADJA -
' CENT TO THE SOUTHEASTf
". LINEOFLOTS106,107AND108 -
A,CANYON TRAILS,SECTION
ONE.
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