HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-189STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO. 97-189
AN ORDINANCE ADOPTING A MORATORIUM RELATING TO ADULT USES
The Lake Elmo City Council ordains that Section 301.170 and its subdivisions shall be
added to the Lake Elmo Municipal Code to read as follows:
301.170 Development Moratorium
A. The City of Lake Elmo is in the process of conducting studies and
reviewing its Comprehensive Plan and official controls.
B. As part of this process, the Lake Elmo City Council has directed the City
Attorney to obtain the most current copies of reports prepared by the
Minnesota Attorney General relating to the regulation of sexually oriented
businesses and/or other relevant studies.
C. Upon receipt of such information, the City Council will appoint a study
group, or otherwise review such information, to determine the effect of
sexually oriented businesses upon other uses and neighborhoods within
the City.
D. In order to preserve the integrity of its planning process, the City wishes to
prohibit the establishment of sexually oriented businesses until the City
can draft appropriate regulations.
E. Definitions. As used herein, the following terms shall mean:
I. Adult Use. "Adult Use" means bookstores, motion picture
theaters, mini -motion picture theaters, massage parlors, steam
room/bath house/sauna facilities, companionship parlors,
health/sports clubs, cabarets, novelty businesses, motion picture
arcades, modeling studios, hotels/motels, body painting studios,
and other premises, enterprises, establishments, businesses or
places open to some or all members of the public at or in which
there is an emphasis on the presentation, display, depiction or
description of Specified Sexual Activities or Specified Anatomical
Areas that are capable of being seen, heard, and/or smelled by
members of the public.
2. Specified Anatomical Areas. "Specified Anatomical Areas" in
regard to females means less than completely and opaquely
covered human genitals, pubic regions, buttock, anus, or female
breasts below a point immediately above the top of the areola; and
in regard to males means male genitals in a discernibly turgid state,
even if completely and opaquely covered.
3. Specified Sexual Activities. "Specified Sexual Activities" means:
a. Sexual intercourse;
b. Oral copulation;
C. Anal intercourse;
d. Oral -anal copulation;
C. Bestiality;
f. Direct physical stimulation of unclothed genitals or the
female breasts;
g. Flagellation or torture in the context of a sexual
relationship;
h. Use of excretory functions in the context of a sexual
relationship;
i. Any of the following sexually oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellation, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty.
F. Moratorium. In order to allow the City of Lake Elmo an opportunity to
review studies relating to Adult Uses; in order to allow the Lake Elmo
City Council to adopt reasonable regulations relating to such activities;
and in order to protect the integrity of the City's planning process, the
Lake Elmo City Council hereby adopts a moratorium prohibiting the
establishment of Adult Uses.
G. Duration. The moratorium will commence on the effective date of this
ordinance and will continue for one year thereafter unless otherwise
terminated or extended by action of the City Council.
H. Enforcement. The City of Lake Elmo may enforce any provision of this
ordinance by mandamus, injunction, or any other appropriate civil remedy
in any court of competent jurisdiction.
I. Severability. Every section, provision or part of this ordinance is declared
separable from every other section, provision or part of this ordinance. If
any section, provision or part of this ordinance is adjudged to be invalid by
a court of competent jurisdiction, such judgment shall not invalidate any
other section, provision or part of this ordinance.
Effective Date. This ordinance shall become effective the day following its publication
or on the day following the publication of an Ordinance Summary approved by the Lake
2
Elmo City Council.
Adoption Date. Passed by the Lake Elmo City Council on this
2007.
ATTEST:
Thomas Bouthilet, Interim City A ministrator
of February,
PUBLICATION DATE: This ordinance or a summary of the ordinance was published on the
day of 2007.
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3
IG
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
•CAI►:► uU:: 1
On the 20t' day of February, 2007, the Lake Elmo City Council adopted Ordinance No.
9-1' 1 Sq and by four affirmative votes approved the publication of an Ordinance
Summary.
Ordinance No. 97 - 1 89 is entitled "An Ordinance Adopting a Moratorium
Relating to Adult Uses." The Ordinance defines an adult use and proWbits the establishment of
such uses during the moratorium. A copy of Ordinance No. d D -18 1 can be obtained
during normal business hours at the City's administrative offices, 3800 Laverne Avenue, Lake
Elmo, Minnesota.
Adoption Date: Adopted this 20`h day of February, 2007.
(L
DEAN JOHNSTON, Mayor
ATTEST:
Thomas Bouthilet, Interim City Administrator
PUBLICATION DATE: This ordinance or a summary of the ordinance was published on the
f 6fi day of , 2007.
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