HomeMy WebLinkAboutO-2034 - Extends moratorium on adult entertainment permits (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO..JJ2}j
AN ORDINANCE OFTHE CITY OF MARYSVILLE,WASHINGTON RELATINGTO
LAND USE AND ZONING OF ADULT ENTERTAINMENT BUSINESSES AND
ALSO RELATING TO BUSINESS LICENSING AND REGULATION OF SAID
BUSINESSES, AND CONTINUING A MORATORIUM ESTABLISHED BY
ORDINANCE NO.2022.
WHEREAS,cities have the right and duty to enact laws for
the protection of the public health,safety and general welfare
and morals;and
WHEREAS,the City Council adopted Ordinance No.2022 on
April 24,1995 establishing a moratorium on the acceptance of
applications for use permits,building permits and licenses for
adult entertainment facilities;and
WHEREAS,pursuant to Ordinance No.2022,the Mayor was to
appoint a committee to develop a work plan to study issues,and
the committee was to return the work plan to the City Council,
and the City Council was to conduct a public hearing to determine
whether the moratorium and Ordinance No.2022 is justified and
should be continued or rescinded;and
WHEREAS,the Marysville City Council held a public hearing
on June 19,1995 to consider whether to continue or rescind the
moratorium,and if to continue it,to approve said committee and
its work plan;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Findings.Based on the testimony and evidence
presented,the City Council makes the following findings:
a.Adult entertainment facilities and adult
entertainment businesses include establishments offering
panorama,peep shows,semi-nude or nude dancing.Currently,
there are no such establishments operating in the city of
Marysville.Two such facilities operate in the city of
Everett,one such facility operates in unincorporated
Snohomish County,and application has been made to open
another such facility in unincorporated Snohomish County,
north of the city of Marysville.Marysville has received
inquiry from operators of such establishments concerning the
laws and regulations of the City pertaining to such
establishments.
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b.There is evidence as set out in the staff report
and public testimony to the Council that the use of property
to operate,conduct or maintain adult-use establishments and
adult-use facilities is a use which,because of its very
nature,has serious objectionable operational
characteristics and secondary effects.Those operational
characteristics include a wide range of criminal and other
unlawful activities that have regularly and historically
occurred near adult-use establishments.These activities or
secondary effects include prostitution,narcotics and liquor
law violations,breaches of the peace,assaults,and sexual
conduct involving contact between patrons and between
entertainers and patrons,some of whom have been minors.
c.The objectionable operational characteristics,
activities and secondary effects related to adult-use
establishments pose a threat to the public health,safety
and welfare of the citizens of the city of Marysville.This
threat is most serious when conducted in close proximity to
places where minors gather.
d.The need to protect minors from the unlawful
activities associated with the operation of adult-use
establishments would be a compelling governmental interest.
e.The objectionable characteristics associated with
adult-use establishments,the evidence is showing,also
includes declines in adjacent property values,neighborhood
blight,and a general secondary effect on the quality of
life in the environs of the business.
f.The City of Marysville needs time to review its
present zoning and licensing restrictions and determine how
to provide a constitutionally sufficient number of sites for
the location of adult-use establishments and at the same
time to adopt licensing and other regulations consistent
with the effects of said businesses,if established.
Accordingly,the City must conduct a number of studies and
surveys to provide an appropriate factual basis from which
the City Council may later fashion a constitutionally
sufficient collection of ordinances regulating adult-use
establishments or facilities.
g.In the absence of this ordinance and until the
Council has had an opportunity to receive the report of the
committee appointed by the Mayor and to review its
recommendations,and thereafter to adopt new,
constitutionally sufficient regulations,the present
moratorium incorporated in Ordinance No.2022 is justified
and should be continued.This justification derives from
the substantial and compelling governmental interest in
preventing unlawful secondary effects as set out in the
earlier findings above,and to carefully and rationally
/mv/aumor2.ord 2
provide for appropriate locations and regulations to allow
constitutionally permissible activity to occur.
Section 2.Continuance of Moratorium.The moratorium
imposed by Ordinance No.2022 is hereby continued and imposed on
the City of Marysville for the term and effective period set out
in Ordinance No.2022.
Section 3.Approval of Committee Members.The City
Council hereby approves and confirms the appointment of the
members selected by the Mayor to the committee created by
Ordinance No.2022.The committee members shall be:Tony Bundy,
Lt.Sonya Ebright,Irene Laughlin,Dr.Michael Martin,Dennis
Niva,Reverend Ricardo Quintana,Jim Scharf,Rex Walker,and
Caldie Rogers.
Section 4.Work Plan.
shall proceed in accordance
Council,a copy of which is
Exhibit A.
The committee appointed by the
with the Work Plan submitted to
attached to this Ordinance as
Mayor
the
,,(PASSED by the City Council and APPROVED by the Mayor this
IGr"day of ,)....he-,1995.
CITY oy,MARYSVILLE
By ,(j~~/w~
ATTEST:-:_
CITY CLERK
as to form:
By ~KL/I../~
z;;>CITY ATTORNEY
MAYOR
Date of Publication:~~J::
Effective Date (5 days after publication):
/mv/aumor2.ord 3
EXHIBIT A
WORK PLAN
ACTION
1.Appoint committee
2.Organizational meeting of
committee
a.Manager/City Administrator
remarks,brief legal survey
b.Elect chairperson,if not
designated by Mayor
c.Identify staff assistants
to committee*
d.Advise committee of duties*
e.Discuss work plan
f.Adopt work plan
3.Submit work plan to City
Council
4.Conduct future meetings
a.1 meeting to study
case law and literature
b.2 meetings to study
adult entertainment
facilities
c.Adopt rules for public
testimony
DATE
Immediately
No later than
May 31
By June 5
Misc.
By July 18
By August 31
BY WHOM
Mayor
Committee
Committee
Committee
Committee
Committee
d.3 meetings to take
staff presentations and
public testimony to address
potential secondary effects By October 13 Committee
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e.1 meeting to formulate
proposed recommendations to
address licensing and
criminal code By November 1
f.2 meetings to formulate
recommendations for pro-
posed land-use regulations By December 8
g.Public hearing to obtain
testimony,further staff
presentation,public
comment on recommendations By Jan.5,1996
h.Committee vote on final
recommendations By Jan.12,1996
i.Prepare final report and
record and submit licensing
and commercial code
recommendations to City
Council;zoning code
recommendations to Planning
Commission By Feb.9,1996
j.Planning Commission review
and hearing.Recommenda-
tion by city Council re
zoning code March 15,1996
k.Necessary notices,
readings and hearings by
City Council and either
extension of moratorium
after appropriate findings
of fact or changes in
existing code By April 23,1996
Committee
Committee
Committee
Committee
Committee
Planning
Commission
City
council
jwpf/mv/au.wp 2