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6-1-77
ORDINANCE NO. NS~1370
AN EMERGENCY ORDINANCE OF THE CITY OF SANTA
ANA PROHIBITING ADULT ACTIVITY USES FOR AN
INTERIM PERIOD PENDING AMENDMENT OF THE
ZONING PROVISIONS OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
operating
effective
SECTION 1: Any of the following uses not presently
in the City of Santa Ana shall be prohibited during the
period of this ordinance:
Adult motion picture facility;
Adult book stores;
Massage establishments;
Figure modeling studios.
No permit or certificate of occupancy shall be issued by the City
during the effective period of this ordinance which allows or is
in aid of or necessary to the conduct of any such use. Any
change in location of operation or increase in size of the loca-
tion shall be considered a new operation or commencement of any
of the above uses.
SECTION 2: As utilized in this Ordinance, the follow-
ing words and phrases shall be and hereby are defined as follows:
"Adult Book Store" shall mean 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 matter depicting, describing
or relating to specified sexual activities or specified anatomi-
cal areas, or an establishment with a segment or section devoted
primarily to the sale or display of such material;
"Adult Motion Picture Facility" shall mean an enclosed
building used for presenting, whether by way of motion picture
projection or television or video equipment, or peep show device,
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,
whether in one or more auditoriums, booths or rooms within such
enclosed building;
"Massage Establishment: means any establishment having
a fixed place of business where any individual, firm, associa-
tion, partnership, corporation, or combination of individuals,
engages in, conducts, carries on or permits to be engaged in,
conducted or carried on, massages, baths, or health treatments
involving massage or baths as the principal functions.
"Figure Model Studio" means any premises where there is
conducted the business of furnishing, providing or procuring
figure models who pose for the purpose of being observed, con-
versed with, or viewed by any person or of being sketched, painted,
drawn, sculptured, photographed, or otherwise similarly depicted
in the nude or seminude for persons who pay a fee, or other
consideration, compensation, or gratuity, for the right or oppor-
tunity to converse with or so depict a figure model, or for admis-
sion to, or for permission to remain upon or as a condition of
remaining upon the premises.
ORDINANCE NO. NS-1370
PAGE TWO
"Specified Sexual Acitivities" includes human genitals
in a state of sexual stimulation or arousal, acts of human mas-
turbation, sexual intercourse or sodomy, and/or fondling or other
erotic touching of human genitals, pubic region, buttock or
female breast; and
"Specified Anatomical Areas" includes less than complete-
ly and opaquely covered human genitals, pubic region, buttock,
female breast below a point immediately above the top of the
areola or human male genitals in a discernably turgid state, even
if completely and opaquely covered.
SECTION 3: This ordinance shall be effective for a
period of four months commencing with the date of adoption unless
extended, repealed or modified by ordinance adopted by this
Council.
SECTION 4: The Planning Department and the Planning
Commission are directed to study and prepare a zoning proposal
whereby the City may control the location of the above described
uses by permanent provision in the zoning code and to submit such
proposal to this Council for its review and consideration.
SECTION 5: This Council finds that this ordinance is
urgently required as an emergency ordinance for the immediate
preservation of the public peace, health, and safety for the
following reasons:
(a) The uncontrolled location of the uses hereinabove
specified in those areas of the City where such uses are now per-
mitted may attract an undesirable quantity and qualtiy of tran-
sients to such areas, adversely affect property values therein,
cause an increase in crime therein, especially prostitution, and
encourage residents and businesses located therein to move else-
where;
(b) Amendment of the zoning provisions of the Municipal
Code is required to regulate the location of such uses in order
to avoid or mitigate such adverse effects.
(c) Unless prohibited during the period of review and
study preliminary to enactment of such ordinance, such specified
uses are likely to be initiated which may be in conflict with
such ordinance as finally enacted.
Therefore the City Council declares that this ordinance
shall take effect as, and is adopted as, an emergency measure
and is to be enforced from the date of its publication.
ADOPTED, this
the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
6th day of June , 1977, by
COUNCILMEN: Ward, Garthe, Bricken, 0rtiz,
Yamamoto, Evans, Brandt
COUNCILMEN: None
COUNC ILMEN~
MAYOR
CLERK OF THE COUNCIL
APPROVED AS TO FORM: ~_~
KE TH . GOW,
CITY ATTORNEY