5386f1
ORDINANCE NO. 5386
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN
INTERIM MEASURE PROHIBITING CERTAIN USES OF
PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING
PROPOSAL THE CITY IS STUDYING OR INTENDS TO STUDY
AND DECLARING THAT THIS ORDINANCE IS AN URGENCY
MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
WHEREAS, the City of Anaheim has heretofore adopted a
zoning code containing zoning regulations and restrictions for
the City of Anaheim as codified in Title 18 of the Anaheim
Municipal Code (hereinafter the "Zoning Code"); and
WHEREAS, certain portions of said Zoning Code provide
for the zoning regulation of adult entertainment businesses as
such term is defined in Section 18.89.020 of the Anaheim
Municipal Code (hereinafter "Adult Entertainment Businesses");
and
WHEREAS, on July 12, 1993, the United States District
Court, Central District of California, entered its judgment in
the case of Sandra Dease, d/b/a the Wounded Knee Saloon v. the
City of Anaheim, Case No. CV 93-1712 RG (Sx), finding
unconstitutional certain provisions currently contained in the
Zoning Code relating to Adult Entertainment Businesses; and
WHEREAS, as a result of said court decision, the City
is studying or intends to study and consider the adoption of a
zoning proposal concerning possible amendments to the Zoning Code
relating to the regulation of Adult Entertainment Businesses in
the City of Anaheim (hereinafter the "zoning proposal"); and
WHEREAS, to protect the public safety, health and
welfare, the City Council adopts this interim ordinance as an
urgency measure to prohibit any uses as hereinafter provided
which may be in conflict with the aforesaid zoning proposal prior
to its consideration by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Notwithstanding any provision of the Anaheim Municipal
Code to the contrary, no permit or entitlement of any nature
whatsoever shall be issued by the City of Anaheim for the
commencement, establishment, expansion or modification of any
Adult Entertainment Business, as hereinafter defined, during the
period this ordinance is in effect.
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SECTION 2.
No person or entity shall commence, establish, operate,
maintain, or engage in any Adult Entertainment Business, as
hereinafter defined, whether as an owner, operator, manager,
employee, performer, volunteer, or otherwise, upon any property
within the City of Anaheim during the period this ordinance is in
effect.
SECTION 3. EXEMPTIONS
The provisions of this ordinance shall not apply to any
Adult Entertainment Business, as hereinafter defined, which
lawfully existed within the City of Anaheim immediately prior to
the date of adoption of this Ordinance; provided, however, no
such lawfully existing use shall be expanded or enlarged during
the period this ordinance is in effect.
SECTION 4. DEFINITION OF ADULT ENTERTAINMENT
BUSINESS.
The term "Adult Entertainment Business" as used in this
Ordinance shall have the meaning set forth in Section 18.89.020
of the Anaheim Municipal Code.
SECTION 5. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall take effect immediately as an
urgency measure and shall remain in effect for a period of 45
days after the date of this adoption, or until sooner repealed,
unless extended by the adoption of a subsequent ordinance in the
manner provided by law.
SECTION 6. PENALTY FOR VIOLATION.
Any violation of this ordinance shall be a misdemeanor
punishable as set forth in Section 1.01.370 of the Anaheim
Municipal Code.
SECTION 7. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence, phrase, term or
word of this Ordinance, hereby adopted, be declared for any
reason to be invalid, it is the intent of the City Council that
it would have adopted all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 8. DECLARATION OF URGENCY.
The City Council declares that this Ordinance is
necessary as an emergency measure for the immediate protection of
the public safety, health and welfare and the reasons for its
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urgency are as follows:
1. On July 12, 1993, a decision of the United States
District Court declared certain provisions of the Zoning Code
relating to Adult Entertainment Businesses unconstitutional; and
2. The City is studying or intends to study a zoning
proposal concerning the possible amendment of the Zoning Code
relating to Adult Entertainment Businesses; and
3. Prior to the completion of such study and the
possible adoption of such zoning proposal, the City may receive
applications for certain permits or licenses, or certain uses may
be proposed or established within the City of Anaheim, which
conflict with such zoning proposal; and
4. Unless this Ordinance is adopted as an urgency
measure, Adult Entertainment Businesses may be established at
certain locations within the City of Anaheim prior to the
completion, consideration and possible adoption by the City
Council of the zoning proposal referred to herein which uses or
locations may conflict with said zoning proposal and be
detrimental to the public safety, health and welfare.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 20th day of July, 1993.
MAYOR OF THE"CITYOF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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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 urgency Ordinance
No. 5386 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
20th day of July, 1993 and after reading of the ordinance by the City Attorney by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5386 on the 21st day
of July, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st
day of July, 1993.
�'� S;. -At
R— *
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. 5386 and was published once in the Anaheim Bulletin on the 30th day of July, 1993.
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CITY CLERK OF THE CITY OF ANAHEIM