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12-29-76
ORDINANCE NO. NS- 1342
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:
SECTION 1: Any of the following uses not presently
operating in the City of Santa Ana shall be prohibited during
the effective 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 location shall
be considered a new operation or commencement of any of the above
uses,
SECTION 2: As utilized in this Ordinance, the following
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 charac-
terized by their emphasis on matter depicting, describing or re-
lating to specified sexual activities or specified anatomical 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 activites
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, association,
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, conversed 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,
ORDINANCE NO. NS- 1342
PAGE TWO
compensation, or gratuity, for the right or opportunity to converse
with or so depict a figure model, or for admission to, or for per-
mission to remain upon or as a condition of remaining upon the pre-
mises.
"Specified Sexual Activities" includes human genitals in
a state of sexual stimulation or arousal, acts of human masturbation,
sexual intercourse or sodomy, and/or fondling or other erotic touch-
ing of human genitals, pubic region, buttock or female breast; and
"Specified Anatomical Areas" includes less than completely
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 complete-
ly 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 Com-
mission 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 preser-
vation 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 quality of transients
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 elsewhere;
Ih) 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 ini. tiated which may be in conflict with such ordi-
nance 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 3rd day of Sanuar¥ , 1977, by the
following vote:
ORDINANCE NO. NS-1342
PAGE THREE
ATTEST:
AYES: COUNCILMEN:Bricken, Yamamoto, Garthe,
Evans, Brandt, Ward
NOES: COUNCILMEN:None
ABSENT: COUNCILMEN:Ortiz
0 0MAY°R
~CLERK OF THE COUNCIL
APPROVED AS TO FORM. ~
KEITH L. GOW, CITY ATTORNEY