HomeMy WebLinkAboutOrdinances (O-88-671)-03/21/1988
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ORDINANCE NO. 0-88-671/
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AN ORDINANCE PROHIBITING OPERATION OF CERTAIN ENTERPRISES IN
SPECIFIED AREAS; PROHIBITING THE OPERATION OF BUSINESSES THAT
OFFER WRESTLING BETWEEN MEMBERS OF THE OPPOSITE SEX IN AREAS
NEAR CHURCHES, SCHOOLS, RESIDENTIAL AREAS OR PUBLIC PARKS
ADJACENT TO RESIDENTIAL AREAS; PROHIBITING BUSINESSES THAT
OFFER NUDE MODELING OR NUDE ACTIVITIES FROM OPERATING NEAR
CHURCHES, SCHOOLS, RESIDENTIAL AREAS OR PUBLIC PARKS ADJACENT
TO RESIDENTIAL AREAS; PROHIBITING BUSINESSES THAT DISPLAY
BOOKS, MAGAZINES, NEWSPAPERS, PICTURES, PHOTOGRAPHS AND
DRAWINGS THAT CONTAIN CERTAIN SEXUAL MATERIAL FROM OPERATING
NEAR CHURCHES, SCHOOLS, RESIDENTIAL AREAS OR PUBLIC PARKS
ADJACENT TO RESIDENTIAL AREAS; PROHIBITING BUSINESS THAT
EXHIBIT OR DISPENSE FILMS, VIDEO TAPE OR OTHER MEDIA WHICH
CONTAIN CERTAIN SEXUAL MATERIAL NEAR CHURCHES, SCHOOLS,
RESIDENTIAL AREAS OR PUBLIC PARKS ADJACENT TO RESIDENTIAL
AREAS; PROVIDING A DEFENSE; PROVIDING FOR MEASUREMENT OF
DISTANCES; PROVIDING A DEFINITION; PROVIDING A PENALTY NOT TO
EXCEED $1,000.00 AND PROVIDING PUBLICATION; AND PROVIDING A
SEVERABILITY CLAUSE.
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NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1:
A. A person commits an offense if he operates or
causes to be operated within 1000 feet of a
church, a public or private elementary or
secondary school, or a district restricted to
residential use by the comprehensive Zoning
Ordinance of the city or a public park adjacent
to residential areas;
(1) a business or enterprise that offers for a
consideration physical contact in the form of
wrestling or tumbling between persons of the
opposite sex; or
(2) a business or enterprise that offers for a
consideration activities between male and female
persons and/or persons of the same sex when one
or more of the persons are nude or semi-nude; or
(3) a business or enterprise which offers for a
consideration nude human modeling; or
(4) a business or enterprise which displays for sale
a book, magazine, newspaper, picture,
photograph, drawing or other printed or
pictorial material which explicitly depicts:
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B.
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(A) human genitals in a state of sexual
arousal;
(B) acts of masturbation, sexual intercourse,
or deviate sexual intercourse; or
(C) fondling or other erotic touching of
genitals, buttocks, or female breasts.
(5) a business or enterprise which exhibits,
displays, distributes or sells films, video
tape or other media which depicts:
(A) contact between any part of the genitals of
one person and the gentials, mouth, or anus
of another person;
(B) contact between a person's mouth, anus, or
genitals and the mouth, anus, or genitals
of an animal or fowl;
(C) manipulation of a person's genitals;
(D) defecation; or
(E) urination.
It is a defense to prosecution under Subsections
(a) (3) that the business or organization is:
(1) a proprietary school licensed by the State of
Texas;
(2) a college, junior college, or university
supported entirely or partly taxation; or
(3) a private college or university which maintains
and operates educational programs in which
credits are transferable to a college, junior
college, or university supported entirely or
partly by taxation;
C.
For purposes of this section distances shall be
measured in a straight line, without regard to
intervening structures or objects, from the nearest
portion of the building used as a business or
enterprise described in Subsections (a) (I), (a) (2),
(a) (3), (a) (4), or (c) (5) to the nearest property
line of the premises of a church or public or private
elementary or secondary school or to the nearest
boundary of a district restricted to residential use
by the Comprehensive General Zoning Ordinance of the
city or to public parks adjacent to residential
areas.
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D.
In this section, "semi-nude" means a state of dress
in which clothing covers no more than the genitals,
pubic region, and areolec of the female breast, as
well as portions of the body covered by supporting
straps or devices.
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Sec. 2:
Severability:
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If any section, article, paragraph, sentence, clause,
phrase or word in this Ordinance, or application
thereto to any person or circumstances is held
invalid or unconstitutional by a Court of competent
jurisdiction such holding shall not affect the
validity of the remaining portions of the Ordinance;
and the City Council hereby declares it would have
passed such remaining portions of the Ordinance
despite such invalidity, which remaining portions
shall remain in full force and effect.
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Sec. 3:
Any person, firm or corporation violating any of the
provisions of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed One Thousand Dollars
($1,000.00). Each and every day such violation
continues shall constitute a separate offense and
shall be punishable as such.
The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause hereof as an alternative method of
publication provided by law.
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Sec. 4:
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AND IT IS SO ORDERED.
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Passed, approved and adopted by the Ci~ Council of
city ~lle, Texas, this the :; I' day of
, 198V, by the following vote of
to .
the
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ATTEST:
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d1{~f2)
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City Secretary
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APPROVED AS TO FORM:
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'-r:;) T Jb-
Ro's T. Foster
City Attorney
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CITY OF COLLEYVILLE
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J ./R: Hubba d
Mayor
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