5347L
ORDINANCE NO. 5347
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.03.030 OF CHAPTER 18.03 BY ADDING
SUBSECTION 18.03.030.037, AND AMENDING
PARAGRAPHS C, D, E AND F OF SECTION 18.89.020
OF CHAPTER 18.89, OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE, CONCERNING ADULT USES, AND
DECLARING THAT THIS ORDINANCE IS AN URGENCY
MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.03.030 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and it is hereby, amended by
adding thereto a new subsection 18.03.030.037 which subsection
18.03.030.037 shall read as follows:
11.037 Notwithstanding any other provision of this
Chapter, a conditional use permit shall be granted by the
City Council or Planning Commission, as the case may be, for
any use which consists essentially of dissemination of
information or other speech or expression protected by the
First Amendment to the United States Constitution, unless
the information submitted by the applicant and/or presented
at the public hearing substantiates one or more of the
following findings:
.03701 that the requested use at the proposed
location will adversely affect the use of a church,
temple, or other place used exclusively for religious
worship, school, park, or playground in the vicinity of the
proposed use; or
.03702 that the requested use at the proposed
location is insufficiently buffered in relation to
residentially zoned areas within the immediate vicinity so
as to adversely affect said areas; or
.03703 that the exterior appearance of the
structure will be inconsistent with the external appearance
of commercial structures already constructed or under
construction within the immediate neighborhood so as to
cause blight or deterioration, or substantially to diminish
or impair property values within the neighborhood; or
.03704 that any one or more of the requirements
of subsections .031 through .034 of this Section are not
met.
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The uses to which this subsection applies include,
but are not necessarily limited to, sale or rental of books,
periodicals, audiotapes or videotapes, and live or recorded
theatrical or musical performances such as motion pictures,
speaking, pantomime, singing or dancing, or any combination
thereof, before an audience."
SECTION 2.
That Paragraph C of Section 18.89.020 of Chapter 18.89
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
"C. 'Adult Theater.' An enclosed building with a
capacity of fifty or more persons, regularly used for
presenting material of which a substantial portion is
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."
SECTION 3.
That Paragraph D of Section 18.89.020 of Chapter 18.89
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
"D. 'Adult Mini -Theater.' An enclosed building with a
capacity for fewer than fifty persons, regularly used for
presenting material of which a substantial portion is
distinguished or characterized by an emphasis on matter
depicting or relating to 'specified sexual activities' or
'specified anatomical areas' for observation by patrons
therein."
SECTION 4.
That Paragraph E of Section 18.89.020 of Chapter 18.89
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
"E. 'Adult Hotel or Motel.' A hotel or motel wherein
material is regularly presented of which a substantial
portion is characterized by an emphasis on matter depicting,
describing or relating to 'specified sexual activities' or
'specified anatomical areas."'
SECTION 5.
That Paragraph F of Section 18.89.020 of Chapter 18.89
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
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'F. 'Adult Motion Picture Arcade.' Any place to which
the public is permitted or invited wherein coin- 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 a substantial portion of the images regularly
displayed are distinguished or characterized by an emphasis
on depicting or describing 'specified sexual activities' or
'specified anatomical areas."'
SECTION 6.
That the City Council declares that this ordinance is
necessary as an emergency measure for the immediate protection of
the public peace, health or safety, pursuant to Section 511 and
Section 514 (d) of the Charter of the City of Anaheim, and that
the facts constituting the emergency are as follows:
1. While the City Attorney's Office has been working
for some time on an ordinance to update Chapters 18.03 and 18.89
of the Anaheim Municipal Code to conform to current court
decisions, a court action has been brought against the City
alleging constitutional invalidity of portions of Chapter 18.03
as applied to adult entertainment businesses and seeking a
preliminary and a final injunction against its enforcement. A
court hearing is set for December 22, 1992 on the Petitioner's
request for a preliminary injunction.
2. If a preliminary injunction were to be granted,
enjoining enforcement of the current provisions of Chapter 18.03
or Chapter 18.89 of the Anaheim Municipal Code, persons could
establish adult entertainment businesses without any of the land -
use controls contained in those Chapters, unless this ordinance
is introduced and adopted as an emergency ordinance.
Accordingly, in order to protect the public peace, health, or
safety, it is necessary that this ordinance take immediate
effect.
SECTION 7. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 8. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
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of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 9.
This ordinance shall become effective immediately upon
its adoption.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 15th day of December, 1992.
ATTES
a
CITY CLERK OF THE CITY OF ANAHEIM
033ADULT.14
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MAYOR OF THE C TY OF A HEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5347
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of December,
1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th
day of December, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson and Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5347 on the 16th day
of December, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th
day of December, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5347 and was published once in the Anaheim Bulletin on the 24th day of December, 1992.
CITY CLERK OF THE CITY OF ANAHEIM