HomeMy WebLinkAboutResolutions 2000 (02) RESOLUTION APPROVING AMENDMENT TO TOWN OF HUDSON
ZONING ORDINANCE
SECTION 2
Resolution No. EQ 6 b�
WHEREAS, at a Public Hearing on December 7, 1999, the Town of Hudson adopted
Ordinance No. 12 -99 Regulating Adult Establishments; and
WHEREAS, the Town of Hudson adopted an amendment to its Zoning Ordinance on
February 7, 2000, as follows:
Section 2.9.1 Permitted Uses (a) (12) will be: Adult Entertainment Establishments (per Ordinance
12 -99, attached).
WHEREAS, Section 60.62(3), Wisconsin Statutes and Section 7.0 of the Town Ordinance,
requires in counties having a county zoning ordinance that no town zoning ordinance amendment
of a zoning ordinance is effective unless approved by the county board; and
WHEREAS, St. Croix County has a zoning ordinance; and
WHEREAS, the Planning, Zoning and Parks Committee has reviewed the proposed
amendments and recommends approval.
THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the
amendments to the Town of Hudson Zoning Ordinance set out above are hereby approved.
Dated this e,?! al day of ris a , 2000.
Offered by: Planning, Zoning and Parks Committee
Negative \ Affirmative
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Ronald Raymond Ron - : ' aymond
Linda Luckey Linda Luckey
David Hense David - nse
Gerald Larson Gerald Larson
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Art Jensen (Art Jensen 1, Sue E. Nelson, St. Crow
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ORDINANCE NO. 12 -99
Regulating Adult Establishments
WHEREAS, the Town Board has village powers under §60.10(2)(c), Stats., that grants
general police powers as set forth in §61.34(1), Stats., to act for the good order of the Town,
for its commercial benefit and for the health, safety, and welfare of the public; and
WHEREAS, the Town Board has explicit zoning authority for the purpose of
promoting health, safety, morals of the general welfare of the community, and further that
such authority shall be liberally construed in favor of the Town, §61.35, 62.23(7); and
WHEREAS, the Town Board recognizes it lacks authority to regulate obscenity in
light of Sec. 66.051(3), Stats., and does not intend by adopting this ordinance to regulate
obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an
ordinance addressing the secondary effects of adult establishments; and
WHEREAS, studies conducted in other communities, including, but not limited to
Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin,
Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont,
Texas; and the findings reported in the Final Report of the Attorney General's Commission
on Pornography (1986), the Report of the Minnesota Attorney General's Working Group on
the Regulation of Sexually Oriented Businesses (1989), and the statistics obtained from the
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention,
the Town Board finds that adult establishments cause an increase of criminal and other
offensive activity, to disrupt the peace and order of the communities, depreciate the value of
real property, harm the economic welfare of the communities, and negatively affect the
quality of life of the communities, and that such secondary effects are detrimental to the
public health, safety and general welfare of Town citizens; and
WHEREAS, the Town Board recognizes the U.S. Supreme Court has held that
material with adult content is within the outer perimeters of the First Amendment of the
United States Constitution and therefore entitled to some limited protection under the First
Amendment, and the Town Board further recognizes that freedom of speech is among our
most precious and highly protected rights, and wishes to act consistently with full protection
of those rights; and
WHEREAS, however, the Town Board is aware, based on the experiences of other
communities, that adult establishments may and do generate secondary effects which the
Town Board believes are detrimental to the public health, safety, welfare of the citizens of the
Town of Hudson; and
WHEREAS, among these secondary effects are: (a) the potential increase in
prostitution and other sex - related offenses, as well as other crimes and offenses; (b) the
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potential depreciation of property values and economic viability in neighborhoods where
adult establishments featuring nude dancing exist; (c) health risks associated with the spread of
sexually transmitted diseases; and
WHEREAS, the consumption of alcohol on the premises exacerbates the negative
secondary effects; and
WHEREAS, the Town Board desires to minimize, prevent and control these adverse
effects and thereby protect the health, safety and general welfare of the citizens of the Town of
Hudson; protect the citizens from increased crime; preserve the quality of life; preserve the
property values and character of surrounding neighborhoods; and deter the spread of urban
blight; and
WHEREAS, the Town Board has determined that the enactment of a zoning
ordinance allowing adult establishments viable areas in which to exist within the Town while
keeping those adult establishments separated from each other, residential areas, schools,
churches, day care centers, or bars or taverns, promotes the goal of minimizing, preventing
and controlling the negative secondary effects associated with such adult establishments.
NOW THEREFORE, THE TOWN BOARD OF THE TOWN OF HUDSON
DOES ORDAIN AS FOLLOWS:
ADULT ESTABLISHMENTS
(1) PURPOSE.
To create an overlay zoning district whereby adult establishments are
sufficiently separated from each other and conflicting uses so as to ameliorate
the negative secondary effects of adult uses while providing adult establishments
sufficient area and opportunity to operate within the Town so as not to
suppress their existence.
(2) DEFINITIONS.
(a) Adult Establishment. Shall include, adult book stores, adult motion
picture theaters, adult novelty stores, and further means any premises to
which public patrons or members are invited or admitted that is
substantially devoted to the purveyance, demonstration or display of
specified sexual activities or specified anatomical areas.
(b) Adult bookstore. Means an establishment which as its substantial course
of conduct, presents adult entertainment for observation by patrons
therein, or which, as part of its substantial course of conduct, offers for
sale, rent, trade, lease, inspection or viewing books, films, video
cassettes, magazines or other such media, which are distinguished or
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characterized by their emphasis on matters depicting, describing or
relating to specified anatomical areas or specified sexual activities.
(c) Adult Cabaret. A nightclub, dance hall, bar, restaurant, or similar
commercial establishment that regularly features:
(1) persons who appear in a state of nudity or semi - nudity; or
(2) live performances that are characterized by "specified sexual
activities "; or
(3) films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the
depiction or description of "specified sexual activities" or
"nudity ".
(d) Adult Entertainment. Any exhibition of any motion picture, live
performance, display or dance of any type which has as a significant or
substantial portion of such performance, or is distinguished or
characterized by an emphasis on, any actual or simulated performance of
specified sexual activities or exhibition and viewing �f specified
anatomical areas.
(e) Adult motion picture theater. Any establishment for the presentation
of motion pictures that as its dominant theme, or distinguished or
characterized by an emphasis on, matters depicting, describing or
relating to specified sexual activities, or specified anatomical areas for
observations by patrons therein.
(f) Adult novelty store. Any establishment which as its substantial course
of conduct offers for sale, rent, trade, lease, inspection or viewing any
adult novelty items, sex toys, sexual gratification appliances, or other
similar products, excluding contraceptives or similar products of medical
value, that are distinguished or characterized by their emphasis on
matters depicting, describing or relating to specified anatomical areas or
specified sexual activities.
(g) Sexually oriented business. An adult bookstore, adult establishment,
adult motion picture theatre, adult novelty store, adult cabaret, a
business featuring adult entertainment, or other business classified as an
adult establishment.
(h) Specified anatomical areas. Means either:
i. Less than completely and opaquely covered human genitals or
pubic region.
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ii. Human male genitals in a discernible turgid state, even if
opaquely covered.
iii. Less than completely and opaquely covered nipples or areolas of
the human female breast.
(i) Specified sexual activities. Means simulated or actual:
i. Showing of human genitals in a state of sexual stimulation or
arousal; or
ii. Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or
iii. Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
(j) Substantial. Forty percent (40 %) or more of a business stock in trade,
display space, floor space or retail sales in any one month. Upon
reasonable belief that an entity is in excess of the forty percent (40%)
threshold, that entity shall provide all necessary records, receipts and
documentation to the Town upon request. Failure to do so shall result
in a presumption that the entity is operating in excess of the threshold.
(3) LOCATION.
(a) No adult establishment shall be located:
i. Within any zoning district other than commercial /light
industrial.
ii. Within 500 (plus) feet of an existing adult establishment.
iii. Within 1,000 feet of any dwelling as defined in subsection
21.02(21).
iv. Within 1000 feet of any pre - existing school, church or daycare, as
defined in subsection 21.02(18).
v. Within 500 feet of any pre - existing establishment licensed to sell
or dispense fermented malt beverages or intoxicating liquor.
(b) For purposes of this section, distances are to be measured in a straight
line, without regard to intervening structures or objects, from the
property line of the adult establishment, to the nearest property line of
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another adult establishment, dwelling, school, church, daycare or
establishment selling or dispensing fermented malt beverages of
intoxicating liquor.
(4) HOURS OF OPERATION
(a) No adult establishment shall be open between the hours of 2:00 a.m. and
8:00 a.m., Monday through Friday, between the hours of 2:30 a.m. and
8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and 12:00
noon on Sundays.
(b) All adult establishments shall be open to inspection at all reasonable
times by the police department and the code enforcement officer.
(5) REGULATION OF SEXUALLY ORIENTED BUSINESS
(a) The sale, use, or consumption of alcoholic beverages on the premises of
asexually oriented business is prohibited.
(b) It shall be unlawful to allow a person who is younger than eighteen (18)
years of age to enter or be on the - premises of a sexually oriented
business at any time the sexually oriented business is open for business.
(c) It shall be the duty of the operator of each sexually oriented business to
ensure that an attendant is stationed at each public entrance to the
sexually oriented business at all times during such sexually oriented
businesses' regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from
entering the sexually oriented business. It shall be presumed that an
attendant knew a person was under the age of eighteen (18) unless such
attendant asked for and was furnished:
i. a valid operator's, commercial operator's, or chauffeur's driver's
license; or
ii. personal identification card issued by a state agency reflecting
that such person is eighteen (18) years of age or older.
(d) No person shall cause another to commit a violation of this ordinance,
nor shall any person permit such violation to occur on any premise
under his /her control, tenancy, management or ownership.
(6) EXEMPTIONS. The provisions of this ordinance do not apply to the
following establishments: theaters, performing arts centers, civic centers, and
dinner theaters where live dance, ballet, music and dramatic performances of
serious artistic, social or political merit are offered on a regular basis; and in
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which the predominant business or attraction is not the offering of
entertainment which is intended for the sexual interests or titillation of
customers; and where the establishment is not distinguished by an emphasis on
or the advertising or promotion of nude or semi -nude performances. While
expressive live nudity may occur within these establishments, this ordinance
seeks only to minimize and prevent the secondary effects of sexually oriented
businesses on the community. Negative secondary effects have not been
associated with these establishments.
(7) PENALTIES.
(a) Violation of the use provisions of this ordinance is declared to be a
public nuisance per se, which shall be abated by Town Attorney by way
of civil abatement procedures.
(b) Any person, partnership, or corporation who violates any of the
provisions of this ordinance shall be subject to a forfeiture of not less
than $100, and not more than $500 per violation. A separate offense and
violation shall be deemed committed on each day on which a violation
occurs or continues. In addition, violation of this ordinance constitutes
sufficient grounds for suspending, revoking or non - renewing an alcohol
beverage license under sec. 125.12, Stats.
(8) SEVERABILITY. If any section of this ordinance is found to be
unconstitutional or otherwise invalid, the validity of the remaining sections _
shall not be affected.
FOR THE TOWN OF HUDSON
Je ey oh s n, Chairman
ATTEST: 6(1
Li 1
JoA n' Wert, Clerk
Li I
Adopted: / 17/ J
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Published:
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