ORD 1997-04 - Moratorium - Sexually Oriented Business 01-21-1997i
ORDINANCE NO. 97-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PLACING A MORATORIUM ON THE
DEVELOPMENT, ESTABLISHMENT, EXPANSION OPERATION OF A
SEXUALLY ORIENTED BUSINESS; ENACTING A MORATORIUM ON
THE ISSUANCE OF BUILDING PERMITS AND /OR CERTIFICATES OF
OCCUPANCY AND /OR PERMITS TO OPERATE SEXUALLY ORIENTED
BUSINESSES IN THE CITY OF HUNTSVILLE, TEXAS; ESTABLISHING
A PENALTY OF $500 PER DAY; REQUIRING THE PUBLICATION OF
THIS ORDINANCE; AND MAKING OTHER FINDINGS AND PROVISIONS
RELATED THERETO.
WHEREAS the City Council of the City of Huntsville, Texas, finds that the unrestricted operation
of certain sexually oriented businesses may be detrimental to the public health,
safety, and welfare by contributing to the decline of residential and business
neighborhoods and the growth of criminal activity; and
WHEREAS the City wants to set up regulations of such businesses in an expeditious manner; and
WHEREAS the City Council of the City of Huntsville, Texas, has determined that it is important
to the public health, safety and welfare of the citizens of Huntsville and the
preservation of the existing property values to maintain the status quo while such
regulations are studied by the City's staff, the Planning and Zoning Commission, and
the City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: Definitions.
In this ordinance, "sexually oriented business" means a sex parlor, nude studio, modeling studio,
love parlor, adult bookstore, adult movie theater, adult video arcade, adult video store, adult motel,
or any other commercial enterprise the primary business of which is the offering of a service or the
selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation
or sexual gratification to the customer.
SECTION 2: Businesses prohibited.
a) Sexually oriented business are prohibited.
b) A person commits an offense if the person intentionally or knowingly establishes or operates,
or causes to be established or operated, or acquiesce to the operation of, a sexually oriented
business in the City.
C) A person commits an offense if he performs at a sexually oriented business in the City.
SECTION 3: Exemption Business.
It is an affirmative defense to prosecution that:
a) The business is operated by or employs a licensed psychologist, licensed physical therapist,
license athletic trainer, license cosmetologist, or licensed barber engaged in performing
functions authorized under the license held.
b) The business is operated by or employs a licensed physician or licensed chiropractor engaged
in practicing the healing arts.
c) The business existed at its present site before January 1, 1997, and is providing the same
scope of services as it provided before January 1, 1997.
SECTION 4: Penalties.
An offense under this ordinance is class C misdemeanor.
SECTION 5: Administrative directives.
The administration of the City of Huntsville shall not issue, or cause to be issued, a building permit
or certificate of occupancy for a sexually oriented business, or issue, or cause to be issued, a
certificate of occupancy for a sexually oriented business with the City of Huntsville until the
expiration of one hundred eighty (180) days after the date of this ordinance is adopted, or this
ordinance is repealed by City Council, whichever occurs first.
SECTION 6: Term.
a) This Ordinance shall take effect immediately from and after its passage.
b) This Ordinance shall be effective for a period of six - months from and after its passage.
SECTION 7: Any person, firm or corporation violating any provision of this ordinance or failing
to comply with any requirement of the ordinance will be guilty of a misdemeanor and
subject to a fine of up to five hundred ($500.00) dollars upon conviction. Each day
during or upon which a person shall violate or continue violation of any provision of
this ordinance shall constitute a distinct and separate offense. The violation of any
provision of the ordinance or the failure to comply with any requirement of this
ordinance shall each constitute a distinct and separate offense. Texas Local
Government Code § 53.001 and § 54.001.
SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect any of the
remaining provisions of this ordinance.
SECTION 9: All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to
the extent of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered
by this ordinance.
SECTION 10: This ordinance shall take effect ten (10) days after its passage by the City Council.
The City Secretary shall publish the caption of this ordinance in the official City
newspaper at least twice within ten (10) days of its passage. Texas Local
Government Code § 52.013.
PASSED AND APPROVED THIS 21ST DAY OF JANUARY, 1997.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
APPR ED:
Scott Bound, City Attorney