Loading...
Ord 4009 7/5/1977 r ' • ORDINANCE NO. 44007 ORDINANCE PROHIBITING THE OPERATION OF CERTAIN ADULT BOOK STORES, ADULT MOTION PICTURE THEATERS, NUDE HUMAN MODELING STUDIOS AND BUSINESSES OFFER- ING PHYSICAL CONTACT WHEN ONE OR MORE OF SUCH PERSONS ARE NUDE OR SEMI-NUDE, WITHIN ONE THOUSAND FEET OF EACH OTHER, OR WITHIN ONE THOUSAND FEET OF ANY CHURCH, SCHOOL, RESIDENTIAL DWELLING, PUBLIC PARK OR CERTAIN MILITARY INSTALLATIONS. WHEREAS, it is recognized by the Board of Aldermen 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 con- centrated under certain circumstances thereby having a dele- terious effect upon the adjacent areas; further, the Board of Aldermen finds that special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods; and, WHEREAS, the Board of Aldermen further find that the City has a compelling interest in preserving and stabilizing neighborhoods, particularly those of a residential character, which compelling interest justifies the restriction on loca- tions of certain businesses which have been found to have a destructive impact on such neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. A person commits an offense if he operates or causes to be operated within one thousand 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 book store as hereinafter defined. B. An adult motion picture theater as hereinafter defined. C. A business or enterprise which offers for a considera- tion 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. SECTION 2. It shall be a defense to prosecution under Section 1, Subsection C that the business or enterprise is one of the following: A. A proprietary school licensed by the State of Texas. B. A college, junior college or university supported entirely or partly by taxation. C. A private college or university which maintains and operates educational programs in which credits are trans- ferable to a college, junior college or university supported entirely or partly by taxation. SECTION 3. For the purposes of this ordinance, distances shall be measured in a straight line, without regard to inter- vening structures or objects, from the nearest portion of the building used as a business or enterprise enumerated in Section 1 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 a 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. SECTION 4. When used in this ordinance, the following words shall have the following meanings: A. Adult book store -- an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" - 2 • • or "specified anatomical areas" or an establishment with a separate segment or section devoted to the sale or display of such material. B. Adult motion picture theater -- an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. C. Specified sexual activities -- 1. human genitals in a state of sexual stimulation or arousal; 2. acts of human masturbation, sexual intercourse or sodomy; 3. fondling or other erotic touching of human genitals, public region, buttock or female breasts. D. Specified anatomical areas -- 1. less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock, and (c) female breasts below a point immediately above the top of the 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 areolae of the female breasts, as well as portions of the body covered by supporting straps or devices. SECTION 5. A person who violates a provision of this ordinance 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 is punishable by a fine not to exceed two hundred dollars. SECTION 6. If any provision or portion of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of the ordinance. - 3 SECTION 7. No person shall operate a business of the type described in Section 1 hereof without a conditional use per- mit 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 of fifty dollars shall be charged. SECTION 8. Any person who, at the time of the adoption of this ordinance, is operating a business of the type described in Section 1 shall have thirty days after the effective date of this ordinance within which to apply for a permit. If such business is located at a site which would be illegal under this ordinance, he shall be issued a non-conforming permit, and he shall be allowed to continue at the same location as long as such business is continuously operated by the holder of the permit. Such permit shall not be trans- ferable. PASSED AND APPROVED this the 6th day of July, 1977. A Y 0 R1047 ATTEST: .09S51S7-8,0 T ity erk - 4 - N. ORDINANCE NO.4009 ORDINANCE PROHIBITING THE OPERATION OF CERTAIN ADULT Affidavit of Publication BOOK STORES, ADULT MOTION PICTURE THEATERS, NUDE HUMAN MODELING STUDIOS AND BUSINESSES OFFERING PHYSICAL CONTACT WHEN ONE THE STATE OF TEXAS OR MORE OF SUCH PERSONS ARE NUDE OR SEMI-NUDE, COUNTY OF WICHITA WITHIN ONE THOUSAND FEET OF EACH OTHER, OR WITHIN re ONE THOUSAND FEET OF ANY CHURCH, SCHOOL, RESIDEN- ]6111 At1r-,usti TIAL DWELLING, PUBLIC PARK On this , day of OR CERTAIN MILITARY INSTAL- LATIONS. 1977 WHEREAS, it is recognized by the L�.D. ..... .. personally appeared before me, the undersigned authority Board of Aldermen that there are some uses which, because of their very nature,are recognized as hay- Ro'r L. Reaves , bookkeeper ing serious objectionable operational characteristics, particularly when several them are concentrated under certain circumstances thereby for the Times Publishin g Company of Wichita Falls, publishers of the having a deleterious effect upon the adjacent areas;further,the Board of Wichita Falls Record News, a newspaper published at Wichita Falls in Aldermen finds that special regula- tion of these uses is necessary to in- sure that these adverse effects will Wichita County, Texas, and upon being duly sworn by me, on oath states not contribute to the blighting or downgrading of the surrounding that the attached:advertisement is a true and correct copy of advertising neighborhoods;'and, WHEREAS,the Board of Aldermen !11 further find that the City has a corn- published in \ // issues thereof on the following pelting interest in preserving and stabilizing neighborhoods, particu- dates: larly those of a residential character, which compelling interest justifies JULY 30. 177 the restriction on locations of certain businesses which have been found to ///7 have a destructive impact on such , f neighborhoods. �� �q� ti�—� • NOW, THEREFORE, BE IT OR- 1 ' DAINED BY THE BOARD OF AL- DERMEN OF THE CITY OF Bookkeeper for Times Publishing Company WICHITA FALLS,TEXAS,THAT: of Wichita Falls 1 SECTION 1.A person commits an of- I I tense if he operates or causes to be operated within one thousand feet of I Subscribed and sworn to before me this the day and year first above a church,a public or private elernen- tary or secondary school, a United ) written. States military installation which contains a training school for armed forces members,a residential dwe1-- j .- ling unit in which one or more per- sons maintain a residence,a public 'Fri A. e_./i ,.0 park,or another business of a type ' ;•• '. ..a 4 . 9 '9 ,oa,a Y t:L.J.2"' i hereinafter enumerated in this sec- to the nearest portion of a building III & for Wichita CAW3$ 9 To m3 tion,a business of one of the following used as a residential dwelling unit in types: which one or more persons maintain A.An adult book store as hereinafter a residence. i ' E. Semi-nude— a state of dress in SECTION 8.Any person who,at the defined. SECTION 4.When used in this ordi- which clothing covers no more than time of the adoption of this ordi- B.An adult motion picture theater as nonce,the following words shall have • the genitals, pubic region, and nance,is operating a business of the hereinafter defined. the following meanings: areolae of the female breasts,as well type described in Section 1 shall have C.A business or enterprise which of. A. Adult book store — an establish-! as portions of the body covered by fers for a consideration nude humar ment having as a substantial or sig- supporting straps or devices. thirty days after the effective date of ordinance within which to apply modeling nificant portion of its stock in trade, SECTION 5.A person who violates a for a permit. If such business is lo- D. A business or enterprise that of- books,magazines and other periodl- provision of this ordinance isguilty of cated at a site which would be illegal fers for a consideration physical con• cats which are distinguished or a separate offense for each day or under this ordinance,he shall be is- tact between persons when one or characterized by their emphasis on portion of a day during which the vlo- sued a non-conforming permit, and more of such persons are nude or matters depicting,describing or re- lotion is committed, continued or he shall be allowed to continue at the semi-nude. lating to"specified sexual activitle permitted, and each offense is same location as long as such bust SECTION 2. It shall be a defense to s"or "specified anatomical areas' punishable by a fine not to exceed two Hess is continuously operated by the prosecution under Section 1,SubseC- or an establishment with a separate hundred dollars. holder of the permit. Such permit tion C that the business or enterprise segment or section devoted to the SECTION 6.If any provision or par- shall not be transferable. is one of the following: sale or display of such material. tion of this ordinance is for any PASSED AND APPROVED this the A.A proprietary school licensed by B.Adult motion picture theater—ar j reason held to be invalid, such in- , 5th day of July,1977. the State of Texas. enclosed building used forpresentinc validity shall not affect the validity of B. C.Boyd,Jr. B.Acollege,juniorcollegeoruniver- material distinguished or charac the remaining portions of the ordi- MAYOR city supported entirely or partly by terisedbyan emphasis on matter de nance. ATTEST: taxation. - pitting, describing or relating tc SECTION 7.No person shall operate /s/Judy Baird C. A private college or university "specified sexual activities" of a business of the type described in Assistant City Clerk which maintains and opera tes educa- "specified anatomical areas"for ob Section 1 hereof without a conditional Ilona'programs in which credits are, servation by patrons therein. use permit authorizing such opera- transferable to a college, junior col- C.Specified sexual activities— tion.The Director of Planning shall I lege or university supported entirely 1.human genitals in a state of sex. provide the necessary forms, and i or partly by taxation. ual stimulation or arousal; I shall establish the procedures for the I SECTION 3.For the purposes of this' 2. acts of human masturbation, I application for and issuance of such I ordinance, distances shall be ma-r, sexual intercourse or sodomy; Permits.Such permits shall be Issued cured in a straight tine,without re-� 3.fondling or other erotic touching of I by the Director of Planning, for gard to intervening structures or ob- I human genitals, pubic region, but- which a fee of fifty dollars shall be jects,from the nearest portion of the . I Lock or female breasts. charged. . building used as a business or enter- D.Specified anatomical areas— prise enumerated in Section 1 to the 1. less than completely and nearest portion of the building used ' opaquely covered: (a) human Beni• by another business or enterprise so tats,pubic region, (b) buttock,and enumerated or to the nearest prop- (c)female breasts below a point im• erty line of the premises of a church, I mediately above the top of the a public or private elementary or 1 areola;and, secondary school, a United States 2.human male genitals in a discer• military installation on which is 10- nibly turgid state,even if completely cated a school for training armed I and opaquely covered. forces members,or a public park,or .- ...- ------.0 -- • ,.,.n..:..,.