HomeMy WebLinkAboutORD-06-96 Interim Ordinance Prohibit New Adult Enterprise Uses Per Sec. 17.04.020ORDINANCE NO. 6-
96 AN URGENCY MEASURE OF THE CITY COUNCIL
OF THE CITY OF ORANGE, ADOPTING AN INTERIM
ORDINANCE PROHIBITING NEW ADULT ENTERPRISE USES, AS DEFINED
IN SECTION 17.04.020 OF THE ORANGE MUNICIPAL CODE, IN
ORDER TO PROTECT THE PUBLIC SAFETY, HEALTH AND
WELFARE WHEREAS, Section 65858 (a) of the California Government Code authorizes
the legislative body to adopt as an urgency measure, an interim ordinance prohibiting any uses
which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which
the legislative body, planning commission or planning department is considering or studying
or intends to study within a reasonable time to protect the public safety, health and welfare;
and WHEREAS, the Community Development Department is studying the
provisions contained in Title 17 of the Orange Municipal Code relating to adult enterprises to
determine adequacy of such provisions in light of guidance provided by recent court decisions in this area
as well as considering findings based on studies conducted on this matter;
and WHEREAS, the City Council is aware of findings based on studies conducted by
the cities of Austin, Texas; Taylor, Michigan; Detroit, Michigan; Indianapolis, Indiana;
Garden Grove, California; Los Angeles, California; Phoenix, Arizona; and the Report of the
Mimlesota Attomey General's Working Group on the Regulation of Sexually Oriented Businesses
which show that Sex-Oriented Businesses cause secondary impacts which degrade the area of
the City in wt~ch they are located, cause a blighting effect on the City, and increase crime in
general, and sex related crimes in particular, in the vicinity of the Sex-
Oriented Business; and WHEREAS, the City Council deems it imperative that, due to
the potential detrimental ramifications to the public safety, health and welfare as evidenced by
the above mentioned studies, all new adult enterprise uses must be prohibited until
the Community Development Department has completed its study relating to the adequacy of the provisions
contained in Title 17 of the Orange Municipal Code relating
to adult enterprises.NOW, THEREFORE the City Council of the City of Orange hereby
ordains as follows:Section 1. All new adult enterprise uses, as defined in Section 17.04.
020 of the Orange Municipal Code
shall be prohibited.Section 2. Based on the facts recited above, the City Council finds that
there is a current and immediate threat to the public health, safety, or welfare, and that
the approval of entitlement for such uses which is required in order to comply with the
zoning ordinance would result in a threat to public health, safety, or welfare. This interim
ordinance, therefore, shall become effective immediately upon its confirmance by at least four-fifths of
the members of the City Council, in accordance with Section 65858 of
Section 3. A summary of this ordinance shall be published once within fifteen (15)
days after this interim ordinance is passed, in a newspaper of general circulation, published and
circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk, a
certified copy of the full text of such adopted interim ordinance along with the names of those
City Council members voting for and against the interim ordinance in accordance with
Government Code 36933. This interim ordinance shall be of no further force and effect 45 days
from the date of its adoption unless it is subsequently exiended in accordance with the provisions
of Section 65858 (a) of the California Government Code.
ADOPTED this 13th day of February 1996
ATTEST:
t
City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, Cllssandra Cathcart, City Clerk of the City of Orange, California, do hereby certifY that
the foregoing Interim Ordinance adopted as an urgency measure was introduced, duly passed and
adopted at the regular meeting of the City Council held on the 13th day of
February . 1996, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MURPHY, BARRERA, MAYOR COONTZ, SPURGEON,
SLATER
NONE
NONE
NONE
SSHlshlordl%/(~%adlt 2-