HomeMy WebLinkAbout548 06-27-1978ORDINANCE NO. 548
AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME BEING
THE ZONING CODE OF THE CITY OF EULESS, TEXAS, BY
ADDING TO THE SPECIFIC USE SCHEDULE FOR SPECIFIC
USE PERMITS, MASSAGE PARLORS AND MASSAGE ESTABLISH-
MENTS A11D ENTERPRISES ENGAGED IN THE SHOWING, DISPLAY
OR SALE OF CERTAIN PICTORIAL OR PRINTED MATTER CON-
TAINING CERTAIN SEXUAL MATERIAL; PROVIDING A SEVER -
ABILITY CLAUSE; AN EFFECTIVE DATE; A PENALTY FOR
VIOLATION THEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS:
I.
Sub - section 1002, entitled Specific Use Schedule, of Euless
Ordinance No. 347, same being the Zoning Code of the City of
Euless, Texas, is herewith amended by the addition of the
following new sub - paragraph (54):
7 -1002 Specific Use Schedule
USE PERMISSIVE DISTRICT
(54) Massage Parlors and Massage
Establishments, Businesses or
Enterprises Engaged in Sexually
Oriented Activities as Herein
Defined C -2, I -1
II.
Sub - section 7 -1300, entitled DEFINITIONS AND EXPLANATIONS
APPLICABLE TO USE REGULATIONS, of Euless Ordinance No. 347,
same being the Zoning Code of the City of Euless, Texas, is
herewith amended by the addition of the following new sub-
sections (107) and (108), which shall hereafter be and read
as follows:
Sub - section (107), entitled Massage Parlors and Massage
Establishments shall read as follows:
(107) Massage Parlors and Massage Establishments: As
defined in sub - section (a) of Sec. 10 -141 of Article
VIII of the Code of Ordiances, City of Euless, Texas.
Sub - section (108), entitled Businesses or Enterprises Engaged
In Sexually Oriented Activivies shall read as follows:
(108) Businesses or Enterprises Engaged in Sexually
Oriented Activities: A business or enterprise
which, for consideration, offers, shows, or dis-
plays any of the following:
(a) physical contact in the form of wrestling or
tumbling between persons of the oposite sex;
or
(b) 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
(c) a book, magazine, newspaper, picture, photo-
graph, film, moving picture, drawing or other
printed or pictorial material which explicitly
depicts:
(i) Human genitals in a state of sexual
arousal; or
(ii) acts of masturbation, sexual inter-
course, or deviate sexual intercourse.
(d) the term "nude" as used above means a state
of dress in which clothing does not cover the
genitals, pubic region and areolae of the
female breast. The term "semi- nude" as used
above means a state of dress in which clothing
covers no more than the genitals, pubic region,
and areolae of the female breast, as well as
portions of the body covered by supporting
straps or devices.
III.
Severability Clause. That it is hereby declared to be the
intention of the City Council 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 and sections of this ordinance,
since the same would have been enacted by the City Council with-
out the incorporation in this ordinance of any such unconsti-
tutional phrase, clause, sentence, paragraph or section.
IV.
Penalty for Violation. Any person, firm or corporation
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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 an amount not to exceed $200.00.
Each such violation shall be deemed a separate offense and
shall be punishable as such hereunder.
V.
Emergency Clause. By the affirmative vote of four or
more of its members, The City Council declares that it is
an Ordinance for the immediate preservation of the public
peace, property, health, and safety, and is an emergency
measure within the meaning of Article II, Section 11 of
the City Charter; and the requirement that it be read at
two meetings, as specified in such Section 11, is hereby
dispensed with.
VI.
Effective Date. This Ordinance shall be in full force
and effect from and after its passage and publication as pro-
vided by the Euless City Charter and the laws of the State of
Texas.
PRESENTED AND PASSED ON first and final reading on the
27th day of June , 1973, at a regular meeting of the City
Council of the City of Euless, Texas, by a vote of 5 ayes,
0 nays and 0 abstentions.
APPROVED:
Harold Samuels, Mayor
ATTEST:
P"OU-) YZ'
Della Houy, C ty SecrarVary
APPROVED:
M. Robert Mc lan , ity
Attorney
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