Ord 063-93 6/1/1993 •v7
ORDINANCE NO. 3 --93
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING SECTION 20-23 OF THE CODE OF
ORDINANCES TO REWORD CERTAIN SITUATIONS OR
CONDITION, AND ADDING ADDITIONAL CONDITIONS OR
SITUATIONS REGARDING SEXUALLY ORIENTED BUSINESS;
INCREASING THE PENALTY FOR VIOLATIONS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, there is a need for the regulation of businesses
which offer sexually oriented materials, activities or
services to the public, because they have various adverse or
secondary effects on surrounding land uses in the community;
and,
WHEREAS, this ordinance is not intended to limit a
person's access to materials or services offered by sexually
oriented businesses, or to regulate the content of protected
speech, but only to alleviate the secondary effects of
sexually oriented businesses; and,
WHEREAS, sexually oriented businesses located too closely
to residential uses have been shown to cause a reduction in
property values of residential properties, and may adversely
affect the stability of neighborhoods; and,
WHEREAS, there is generally a high incident of illegal
drug activity, prostitution, and other criminal offenses in
and near sexually oriented businesses, which can adversely
affect the enjoyment and use of nearby churches, schools and
public parks by the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. Section 20-23 (A) of the Code of Ordinances is
amended to add:
(6) Adult arcades
(7) Adult motels
(8) Adult theaters
(9) Escort agencies
SECTION 2. Section 20-23 (D) (1) , (2) and (3) (b) of the
Code of Ordinances is amended as follows:
" (1) "Adult bookstore": An establishment which as
one of its principal 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. "
(2) "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. "
(3) (b) Sex acts, normal or perverted, actual or
simulated, including intercourse, masturbation, oral
copulation, or sodomy. "
SECTION 3. Section 20-23 (D) of the Code of Ordinances
is amended to read as follows:
" (3) (d) Excretory functions as part of or in
conjunction with any of the activities set forth in (a)
through (c) above.
(6) "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 devices are maintained to show images to five 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. "
(7) "Adult motels" : A motel, hotel, or similar
commercial establishment which:
(a) 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
,r
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 photographic reproductions; or
(b) Offers a sleeping room for rent for a
period of time that is less than ten (10) hours; or
(c) 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.
(8) "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 activity" or the exposure of
"specified anatomical areas. "
(9) "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.
(10) "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. "
SECTION 4. Section 20-23 of the Code of Ordinances is
amended as follows:
" (E) Increase the fine from Two Hundred ($200. 00) Dollars
to Two Thousand ($2, 000. 00) Dollars due to the impact on the
community's health, safety and economic welfare.
(G) Increase the permit fee from Fifty ($50. 00) Dollars
to One Hundred Fifty ($150. 00) Dollars to cover administrative
cost to city departments. "
SECTION 5. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
SECTION 6. Should any section, paragraph, sentence,
clause, phrase, or word of this ordinance be declared
unconstitutional or invalid for any purpose, the remainder of
this ordinance shall not be affected thereby.
SECTION 7. This ordinance shall take effect immediately
from and after its passage and publication in accordance with
p
the provisions of the Charter of the City of Wichita Falls,
and it is accordingly so ordained.
SECTION 8. It is hereby officially found and determined
that the meeting at which this ordinance was passed was open
to the public as required by law.
PASSED AND APPROVED this the 1st day of June, 1993 .
M A Y 0 R
ATTEST:
i / S
% ✓. � /
City "Clerk
Ad 520986
Affidavit of Publication
ORDINANCE NO.55-93
ORDINANCE WAIVING SEC- THE STATE OF TEXAS
TION 27-29 OF THE CODE OF 1
ORDINANCES WITH RESPECT TO; COUNTY OF WICHITA
PLACING A SIDEWALK ALONG
SOUTH,EAST,AND WEST LINES
(P OF LOT 1,BLOCK 7,CHEROKEEIere
COUNTY SCHOOL LANDS
ORDINANCE NO.56-93
ORDINANCE MAKING AN AP- On this 2 1St day Of June
PROPRIATION IN THE GENERAL
FUND FOR ADDITIONAL GRANT Q
REVENUE FROM THE TEXAS DE-
PARTMENT A.D.
OF HEALTH AND Q!3 personally appeared before me, the undersigned authority
AUTHORIZING THE CITY MAN-
AGER TO EXECUTE CONTRACT D a r i c e Ming ACCEPTING SAME. • bookkeeper
ORDINANCE NO.57-93
ORDINANCE MAKING AN AP- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
PROPRIATION IN THE GENERAL
FUND FROM GRANT REVENUE Eecor News, a newspaper
IMINAL p
RECEIVED FROM THE CRIMINAL Times/Rd Npublished at Wichita Falls in Wichita County,
JUSTICE DIVISION, GOV-
ERNOR'S OFFICE AND Texas, and upon being duly sworn by me, on oath states that the attached
MATCHING GRANT REVENUE
FROM OTHER GOVERNMENTAL URPOS advertisement is a true and correct copy of advertising published
ENTITIES FOR PURPOSES OF
1 one
`
DRUG ENFORCEM ENT n
i 1SSUes thereof On the followin dates:
ORDINANCE NO.58-93
g
A ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
WICHITA FALLS AUTHORIZING June 18 , 19 9 3
THE TEMPORARY ON-PREMISE
SALE OF LIQUOR AND BEER, C,. �` • ti
PURSUANT TO SECTION \ y
5420(5)OF THE ZONING ORDI- �� ,�k _ k
NANCE FOR THE "RAJIN'
CAJUN EVENING;"" FINDING `a..a
AND DETERMINING HAT THE Bookkeeper kk for Times Publishing Company
RMINING P
MEETING AT WHICH THIS ORDI-
NANCE WAS PASSED WAS of Wichita Falls
OPEN TO THE PUBLIC AS RE-
QUIRED BY LAW.
ORDINANCE ORDINANCE REZONING 3 SAL) Subscribed and sworn to before me this the day and year first above written.
AN ORDINANCE REZONING�
5.29 ACRES OF OUT BLOCK 16,
KEMP AND NEWSY SUB
DIVISION, M Y
ROAD),WICHITA FALLS,TEXAS, Q�r J j
FROM HEAVY COMMERCIAL '`..-'''','''''00•(HC) TO RESIDENTAIL MIXED
USED(RMU).(CASE R-93-031 k r: 2,
ORDINANCE NO 60-93 k ORDINANCE NO 62-93
AN ORDINANCE,REZONING—A Fe f'':' e • ORDINANCE WAIVING APPEN-
90' X 100' TRW ANG••ADJA "•" F. - DIX 2 SUBDIVISION SECTION 9
CENT CLOSED BRICK Sttr.BLOCK �.b ( ) ( ) (a) OF THE CODE OR
i ?- "A r ORDINANCES WITH RESPECT TO
1 BATEST) ADD.,'A, A / PLACING CURB AND GUTTER
BARWISE ST.); BLOCK `A, & a,c :+-c F,r°sV w x ON THE EAST SIDE OF DITTO
ALLEY SOUTH OF RR ROW, LANE AND JACKSBORO HWY.
GRANGER AND BALL 1 ADD. ADJACENT TO THE WEST LINE
(101 PARK LO LOT 13, A G N OF LOT 1,BLOCK 7,CHEROKEE
AND D 15,OW ADD.8, GRANGER COUNTY SCHOOL LANDS •
AND BALL LO ADD. (1 BLOCK B& ORDINANCE NO.63-93 -
CLOS CLOSED );LOTS E S,BLOCK I& A ORDINANCE OF THE CITY
AND BARWISE ST.,D. (300 COUNCIL OF THE CITY OF
AND JALONICK ADD. (300 WICHITA FALLS AMENDING
BARWISE ST.);LOTS 1-5,&W V2 SECTION 20-23 OF THE CODE
OF BLOCK ADJACENT CLOSED STREET, OF ORDINANCES TO REWORD
BLOCK 1A BARWISE AND CERTAIN SITUATIONS OR CON-
DITION,ADDITION ADD.(208 DITION, AND ADDING AD-
}VIRGINIA AVE.); LOTS 1-5 &E DITIONAL CONDITIONS OR
i S , ADJACENT AND CLOSED SITUATIONS REGARDING SEX-
;JAL BLOCK ADD.BARWISE AND UALLY ORIENTED BUSINESS;IN-
ST., CK ADD. (LS, TEXAS, CREASING THE PENALTY FOR
IN-
ST., WICHITA FALLS, TEXAS, VIOLATIONS; REPLEALING ALL
FROM HEAVY COMMERCIAL HC), ORDINANCES OR PARTS OF OR- •
TO HEAVY COMMERCIAL(HC), DINANCES IN CONFLICT HERE
(CASE R-93-03)CO ORDINANCE OF THHE E CITY WITH PROVIDING A SAVING
ORDINANCE N0.6 CLAUSE; FINDING AND DE-
'} TERMINING THAT THE MEETING
CO OF THE CITY OF I AT WHICH THIS ORDINANCE
WICHITA HITA FAILS AMENDING WAS PASSED WAS OPEN TO THE •
SECTION 15 'DINA E THE PUBLIC AS REQUIRED BY LAW;
CODE TO S ORDINANCES FLOOD DAM- PROVIDING FOR PUBLICATION;
PEERED V NTTHE FLOOD DAM- AND PROVIDING FOR AN EF-
AGE PREVENTION ORDINANCE; FECTIVE DATE.
THAT THE MEETING DETERMINING WHICH ORDINANCE 64-93
THAT THE MEETING AT WHICH ORDINANCE AMENDING AP-
THIS ORDINANCE WAS PASSED IPENDIX C, SECTION 4220 (D.)
WAS OPEN TO THE PUBLIC AS OF THE WICHITA FALLS CODE OF
REQUIRED ORDINANCE LAW. }ORDINANCES TO ALLOW IN-
} ORDINANCE WAIVING 62-93 AP GROUND SWIMMING POOLS TO
DIX ORDINANCE WAIVING APPEN- LOCATE WITHIN ANY REAR OR
(B) (2) (a) OF THE SECTION 9 ) SIDE SETBACK AREAS;FINDING
ORDINANCES IN) C OF THE CODE OR I AND DETERMINING THAT THE •
ORDINANCES CURB WITH RESPECT TO ;MEETING AT WHICH THIS ORDI-
ON THE CUTS AND GUTTER � ;, NANCE WAS PASSED WAS
LANE THE EAST SIDE R HWY. OPEN TO THE PUBLIC AS RE- '
LANE AND JACKSBORO HWY. QUIRED BY LAW. •
ADJACENT TO THE WEST LINE
OF LOT 1,BLOCK 7,CHEROKEE
ero wTY ccHOOL LANDS I