HomeMy WebLinkAboutORD 1978-021 ORDINANCE NO. 78-21
AN ORDINANCE PROHIBITING OPERATION OF CERTAIN
ENTERPRISES IN SPECIFIED AREAS; PROHIBITING THE
OPERATION OR BUSINESSES THAT OFFER WRESTLING
BETWEEN MEMBERS OF THE OPPOSITE SEX IN AREAS NEAR
CHURCHES, SCHOOLS, RESIDENTIAL AREAS OR PUBLIC
PARKS ADJACENT TO RESIDENTIAL AREAS; PROHIBITING
BUSINESSES THAT ORFFR NUDE MODELING OR NUDE
'� ACTIVITIES RROM OPERATING NEAR CHURCHES, SCHOOLS,
RESIDENTIAL AREAS OR PUBLIC PARKS ADJACENT TO
RESIDENTIAL AREAS; PROHIBITING BUSINESSES THAT
�` DISPLAY BOOKS, MAGAZINES, NEWSPAPERS, PICTURES,
PHOTOGRAPHS AND DRAWINGS THAT CONTAIN CERTAIN
SEXUAL MATERIAL FROM OPERATING NEAR CHURCHES,
SCHOOLS, RESIDENTIAL AREAS OR PUBLIC PARKS AD-
JACEIVT TO RESIDENTIAL AREAS; PROVIDING A DEFENSE;
PROVIDING FOR MEASUREMENT OF DISTANCES; PROVID-
ING A DEFINITION; PROVIDING A PENALTY NOT TO
EXCEED $200.00; AND PROVIDING A SEVERABILITY
CLAUSE AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' GRAPEVINE:
Section 1.
(a) A person commits an offense if he operates or causes
to be operated within 1000 feet of a church, a public or pri-
vate elementary or secondary school, or a district restricted
to residential use by the Comprehensive Zoning Ordinance of
the city or a public park adjacent to residential areas:
(1) a business or enterprise that offers for a considera-
�,,, tion physical contact in the form of wrestling or tulnbling
between persons of the opposite sex; or
(2) a business or enterprise that offers for a considera-
� tion 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
(3) a business or enterprise which offers for a considera-
tion nude human modeling; or
(4) a business or enterprise which displays for sale a
book, magazine, newspaper, picture, photograph, drawing or
other printed or pictorial material which explicitly depicts:
(A) human genitals in a state of sexual arousal;
(B) acts of masturbation, sexual intercourse, or devia�.�
sexual intercourse; or
(C) fondling or other erotic touching of genitals, buttocks ,
or female breasts .
(b) It is a defense to prosecution under Subsection (a) (3)
that the business or organization is:
(1) a proprietary school licensed by the State of Texas;
(2) a college, junior college, or university supported en-
tirely or partly by taxation; or
(3) a private college or university which maintains and
� operates educational programs in which credits are transferable
to a college, junior college, or university supported entirely
or partly by taxation;
�"' (c) For purposes of this section distances shall be measured
in a straight line, without regard to intervening structures or
objects, from the nearest portion of the building used as a busi-
ness or enterprise described in Subsections (a) (1) , (a) (2) ,
(a) (3) , or (a) (4) 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 General Zoning Ordinance of the city or
to public parks adjacent to residential areas .
(d) In this section, "semi-nude" means a state of dress
in which clothing covers no more than the genitals, pubic
region, and areolec of the female breast, as well as portions
of the body covered by supporting straps or devices. "
Section 2.
That a person who violates a provision of this Ordinance
� is guilty of a separate offense for each day or portion of a
' day during which the violation is committed, continued, or
permitted, and each offense is punishable by a fine not to
;�,,; exceed $200.00.
Section 3.
Severability - If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
to any person or circumstances is held invalid or unconstitu-
tional by a Court of competent jurisdiction such holding shall
not affect the validity of the remaining portions of the ordi-
nance; and the City Council hereby declares it would have passed
such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4.
Emergency - The fact that no present ordinances of the City
of Grapevine prohibit certain enterprises in specified areas,
creates an urgency and an emergency and in the preservation of
the public health, safety and welfare requires that this ordi-
nance shall take effect immediately from and after its passage
and the publication of the caption as the law and charter in
such cases provides.
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DULY PASSED by the City Council of the City of Grapevine,
Texas this the 4th day of April , 1978.
Mayor
ATTEST:
City ec ary
APPROVED AS TO FORM:
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City Attorney
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�IrrrY