HomeMy WebLinkAbout200 - Ordinances ORDINANC~ NO. 200
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO
IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT
BUSINESSES, AND DECLARING THE URGENCY THEREOF.
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: On December 3, 1980 the City Council adopted Ordinance
No. 45C, which was codified as Chapter 17.20 of the Rancho Cucamonga Municipal
Code, to regulate the location of adult businesses in the City. The City's
ordinance followed the pattern of similar regulations adopted by the City of
Detroit, Michigan which have been declared constitutional and enforceable by a
decision of the United States Supreme Court. Subsequent to the City's
adoption of Ordinance 45C, certain decisions of the United States Supreme
Court, the United States Courts of Appeal, and the California Appellate Courts
have held that "Detroit type" ordinances can be found to be unconstitutional
as applied and such a determination is dependent upon facts peculiar to the
adopting jurisdiction. Because of these recent eases the City Council is
concerned about the validity of Chapter 17.20 and determines that it is
necessary for the Planning Commission to restudy the issue of where adult
businesses should be permitted in the City and, thereafter, along with the
City Council, to take appropriate action of a permanent nature regulating the
location of such businesses.
SECTION 2: The City Council hereby finds that the possibility that
the City's adult business regulations, contained in Chapter 17.20 of the
Rancho Cucamonga Municipal Code, might be found unconstitutional as applied
and unenforceable is a current and immediate threat to the public health,
safety, and welfare, and that the approval of additional subdivisions,
rezonings, land use permits, variances, building permits, or any other
applicable entitlement for use of property for the purpose of conducting an
adult business which is required in order to comply with a zoning ordinance
would result in a threat to public health, safety, or welfare.
SECTION 3: This Ordinance is enacted under the authority of
Government Code Section 65858 and shall be of no further force and effect
forty-five (45) days from its date of adoption unless the City Council has
extended this Ordinance in the manner provided in said Section 65858.
SECTION 4: The following regulations are hereby enacted:
A. "Adult businesses" are prohibited uses in all zones of the
City.
B. No permit for an "adult business" shall hereafter be issued,
and no such business shall hereafter be established in the City.
SECTION 5: This Ordinance is hereby declared to be an urgency
measure, and it shall take effect immediately upon its adoption.
SECTION 6: The Mayor shall sign this Ordinance and the City Clerk
shall attest to the same, and the City Clerk shall cause the same to be
published within fifteen (15) days after its passage at least once in The
Daily Report, a newspaper of general 2irculation published in the City of
Ontario, California, and circulated in the City of Rancho Cueamonga,
California.
Ordinance No. 200
Page 2
PASSED, APPROVED, and ADOPTED this 7th day of April, 1983.
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
D. Mikels, Mayor
-ATTEST:
t~6ren M. Wasserman, City Clerk