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HomeMy WebLinkAbout829 03-12-1985ORDINANCE NO. 829 AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME BEING THE COMPREHENSIVE ZONING CODE OF THE CITY OF EULESS, TEXAS, TO PROHIBIT THE OPERATION OF CERTAIN ENTERPRISES IN CERTAIN SPECIFIED AREAS; PROVIDING A PENALTY FOR VIOLA- TION THEREOF; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; WHEREAS, the City Council of the City of Euless, Texas, has determined that the operation of certain enterprises has a detrimental effect on the values of surrounding properties in certain specified areas; and WHEREAS, it is the desire of the City of Euless, Texas, to preserve the quality and character of its residential neighborhoods and to protect property owners from undue diminution in the values of their property; and WHEREAS, the City Council of the City of Euless, Texas, has determined that certain business enterprises have a negative effect on the quality and character of residential neighborhoods; and WHEREAS, the City Council of the City of Euless, Texas, being aware of its duty to protect the health, safety and welfare of its citizenry; and WHEREAS, it is the desire of the City of Euless, Texas, to protect the psychological health and welfare of its children; and WHEREAS, the City Council of the City of Euless, Texas, desires to regulate the location of certain business enterprises so as to minimize the negative effect thereof on the quality and character of residential neigh- borhoods, property values of property owners, and upon the psychological health and welfare of its youth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Section 6, entitled "Regulations Applicable to All Districts" is hereby amended by the addition of a new Section 6 -104 thereto, which subsection is herewith added to be and read as follows: Section 6 -1-04 (1) In this section "MATERIAL" means a book, magazine, newspaper, photograph, picture, motion picture, film, videotape, laser - disc, or anything tangible that is capable of being used to arouse interest, whether through the medium of reading, obser- vation, sound or any combination of such media. (2) No person shall operate or cause to be operated within 1,000 feet of a church, a public or Private elementary or secondary school, or a district restricted to residential use by the comprehensive Zoning Code of the City of Euless, or a public park adjacent to any area restricted to residential use by the comprehensive Zoning Code of the City of Euless, Texas: (a) A business or enterprise which offers material for sale, !ease or rental, or which is used for exhibiting or presenting to patrons material, with knowledge that said material explicitly depicts or describes: (i) human genitals in a state of sexual arousal; (ii) acts of masturbation, sexual intercourse, or deviate sexual intercourse, actual or simulated. (3) For purposes of this Section, distances shall be measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections where they occur, or 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 Zoning Code of the City of Euless, Texas, or to the nearest boundary line of a public park adjacent to a residential area. II. Severability Clause. It is hereby declared to be the intention of the City Counci I 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 ordinanc ^, since the same would have been enacted by the City Council without the incoraoration in this ordinance of any such unconstitutional phrase. III. Penalty for Violation. Any person, firm, or corporation violating the terms and prPVis— ions P�hisordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed One- Thousand Dollars (S1,000), and each day such violation shall be permitted to exist shall constitute a separate offense, as provided by Ordinance No. 347, and subsequent amendments to the Euless City Charter and the Statutes of the State of Texas. ORDINANCE NO. 829, PACE T140 OF THREE IV. 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 GIVEN FIRST READING at a regular Meeting of the Euless City Council on the 26th day of February 1985, by a vote of 5 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APROVED at a regular meeting of the Euless City Council on the 12th day of March 1985, by a vote of 5 ayes, 0 nays, and 15 abstentions. '57�`y FaroId D. Samuels, FayoF r ATTEST: K eaqvo - ORDINANCE NO. 829, PAGE THREE OF THREE