HomeMy WebLinkAbout1847 04-28-2009ORDINANCE NO. 1847
AN ORDINANCE AMENDING CHAPTER 84, "UNIFIED DEVELOPMENT
CODE ", SECTION 84 -7 "DEFINITIONS AND WORD USAGE ",
SUBSECTION (B) "DEFINITIONS ", OF THE CODE OF ORDINANCES
OF THE CITY OF EULESS, TEXAS; PROVIDING FOR A
SEVERABILITY CLAUSE, PENALTY FOR VIOLATION AND AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has conducted a public
hearing on April 7, 2009, in conjunction with Case No. 09 -01 -UDC, and has rendered a
recommendation to the City Council with respect to this case; and
WHEREAS, the City Council has conducted a public hearing on April 28, 2009,
considered the recommendation of the Planning and Zoning Commission, and has
determined that the proposed change is in the best interest of the general welfare of the
City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT Chapter 84, "Unified Development Code ", Section 84 -7 "Definitions and
Word Usage ", Subsection (b) "Definitions ", of the Code of Ordinances be amended by
the elimination of the words and current definitions of "Nude ", Semi - nude ", and
"Sexually Oriented Business" and the addition of the following new words and
definitions, to hereafter be and read as follows:
NUDITY or a STATE OF NUDITY means a state of dress which fails to fully and
opaquely cover the anus, genitals, pubic region, or perineum anal region, or the
exposure of any device, costume or covering that gives the realistic appearance of or
simulates the anus, genitals, pubic region, or perineum anal region, regardless of
whether the nipple and areola of the human female breast are exposed.
SEMI -NUDE or SEMI- NUDITY or STATE OF SEMI- NUDITY means the
exposure of the post puberty female nipple or areola, or the exposure of any device,
costume or covering that gives the realistic appearance of or simulates the post puberty
female nipple or areola, so long as the following anatomical areas of an individual are
fully and opaquely covered: the anus, genitals, pubic region and the perineum anal
region of the human body. The term "semi- nude" shall not apply to an individual
exposing a post puberty female nipple or areola in the process of breastfeeding a child
under that person's care.
SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or
adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency,
nude model studio, or other commercial enterprise for which the regular offering of a
service or the selling, renting, or exhibiting of devices or any other items intended to
provide sexual stimulation or sexual gratification to the customer constitutes twenty -five
percent (25 %) or more of the items in inventory and /or floor space of the Sexually
Oriented Business. The term shall also mean any commercial enterprise that self -
identifies as an adult arcade, adult bookstore, adult video store, adult cabaret, adult
motel, adult motion picture theater, escort agency or nude model studio, regardless of
whether the percentage of items in inventory and /or floor space constitute twenty -five
percent (25 %) or more of the total items in inventory and/or floor space.
SECTION 2
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council of the City of Euless that the sections, paragraphs, sentences, clauses, and
phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph,
or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase.
SECTION 3
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of
the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in accordance with Chapter "General
Provisions," Section 1 -12 "General Penalty," Euless Code of Ordinances. Each such
violation shall be deemed a separate offense and shall be punishable as such
hereunder.
SECTION 4
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 28th day of April, 2009, by a vote of 7
ayes, o nays, and o abstentions.
APPROVED:
Mary Lib Slaleh, Mayor
ATTEST:
san Cri TRMC, City Secretary
Ordinance No. 1847, Page 2 of 2
ED AS TO FORM:
ob McFarland, City Attorney