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Home My WebLink Aboutbocc.ord.015.1996 u::.;��,,.:, 394470 07/s�/96 02:59F� F'G 1 OF 4 ��`'"'��M1`' REC DOC UCC '�`�%>�" `: ' SILVIp DAVIS PITN.IN CQUNTY CLERK & RECORllER ¢i,�0 k `�:".��;i` ' � . AN ORDINANCE�F THE BOARD OF COIINTY COMMISSIONERS ' `= . OF PITKLN COUNTY,COLORADO :: � LIMITING THE OPERATION OF ADULT . '�� ENTERTAINMENT ESTABLISHMENTS � r' ,Y ORDINANCE#96-� WHEREAS,the City of Aspen,located within Pitkin County and Ga�eld f��i County,Colorado have recently experienced unregulated incidents of adult entertainment establishments;and, `� -�. WHEREAS,commercial establishments of this nature are not currently subject to : any comprehensive regulations imposed on nude entertainment;and, WHEREAS, commercial establishments of this nature would adversely impact • the adjacent residential neighborhoods in which they are lacated and other nearby land uses,including churches and schools;and, WHEREAS, these adverse impacts include attraction of transients, parking �J and traffic problems, increased crime and noise, decreased property values, increased ' • safety hazards to neighborhood children,and overall deterioration of neighborhood ( quality;and k` WHEREAS,it is the intent of the Boazd of County Commissioners to serve a {� substantial govemment interest by attempting to preserve the quality and vitality of �; . residential neighborhoods and areas around schools and churches in Pitkin county;and �' WHEREAS, alternative avenues of communication are not unreasonably limited for"speech"or expression of this nature;and, r WHEREAS,the Cotorado State Legislature has enacted Section 30-15-401(1)(1) . ¢),C.RS.;and, WHEREAS,Section 30-IS-401(i)(1)(I),C.R.S.,authorizes the Boazd of County Commissioners to adopt those regulations necessary for the operation of establishments open to the public in which persons appear in a state of nudiry for the purpose of entertaining such establishment`s pafrons. NOW, THEREFORE BE IT ORDAINED by the Boazd of County • Commissioners of Pitkin County,State of Colorado,that operation of establishments open to the pub]ic in which persans appear in a state of nudity for the purpose of • entertaining the patrons of such establishments shall be subject to the following regulations: I� r � Y �!.'��`�- . � , 1' 6 :._l . ..,� .'.,94470 07/@S/96 N�:59F' F�G 2 OF k .� '�, -. ,' Ordinance#96-i� � Page 2 � (1) These regulations shall appIy to any establishment open to the public in `- . which persons appeaz in a state of nudity for the purpose of entertaining the patrons of � such establishments,irtespective of whether such establishments are licensed to serve 1• alcohol or fermented malt beverages. Such establislunents are hereinafter referred to as - ..�. "Adult Entertainment Establishmeats." These regulations sl�all not apply to any •. establishment otherwise exempted under 30-15-401(1)(1)(III),C.R.S.,as it currently exists or may be amended in the future. (2) A person appears in a"state of nudity"when such person is unclothed or in such attire,costume or clothing as to expose to view any portion of the female breast below the top of the azeola or any portion of the pubic hair,anus,cleft of the buttocks, wtva or genitals. . (3) No one under 21 years of age shall be admitted to any Adult Entertainment Establishment. This minimum age limitation also applies to any employees,agents, � servants or independent contractors working on the premises during hours when nude entertainment is being presented. (4) Nude enYertainment shall only be available at Adult Entertainment Establishments from the hours of 6:00 p.m.to 12:00 midnight,Monday through Saturday � of each week. � (5) No person shall operate or maintain an Adult Entertainment Establishment within 1000 feet of any church,school,daycare center or preschool,or residence or within 1000 feet of any other Adult Entertainment Establishment.For the purposes of this ordinance,the 1000 foot distance shall be measured from any point of access to the structure housing the Adult Entertainment Estabiishment to the closest - property line of the property containing the church,school,daycare center or , � preschool,residence,or Adult Entertainment Establishment. (6) No person shall appear in a state of nudity except within the fully enclosed portions of the structure housing the Adult Entertainment Establishment. (7) Any Adult Entertainment Establishment operating at the effective date of tiiis ordinance in violation of Section(5) above shall be allowed to continue operating without compliance herewith for an amortization period of six(6)months. Six months after this ordinance becomes effecdve, all Adult Entertainment Establishments must fully comply with this ordinance,including Section(5)above or be subject to the penalty provisions set forth herein. ' (S) No landowner or lessee shall knowingly permit an Adutt Entertainment Establishmeni to be operated or maintained upon their property in violation of Section(5) above. ` i � ' • �.F.,- • � ,, -V.�i'. �.�.f'. . . i 1 . .:.�: .�'-. .. � . . . .. � . .. . .. . !.,.�. .."�i��:�3j1�r16E•��4�Te 4�Y7..Jf�Lr:.�.i4�.LtbtFla,R.� R s94470 �7/05/96 0c:59K' F'C� 3 OF 4 �;��; ��. . Ordinance#96- 1 S �.�'' Page 3 1::.`},:�,'. _ ;. : (9) Excepf for the amortization period set forth in Section(7)above,each day � ' of operation in violation of any provision of this ordinance shall constitute a separate .': violation. - � . (10) Any person who violates any provision of these regulations commits a class 2 petty offense and upon conviction thereof shall be punishable by a fine of$300 for each separate violation. - 1._"Y,•..`. (11) The Zoning Administrator, Chief Buildin�Official,Zoning Inspectors, Building Inspectors,other agents or employees of the county community development � department,or any law enforcement officer may follow the penalty assessment procedure � provided in Section 16 2-201,C.1t.S.,for any violation of this ordinance,or may enforce the provisions of this ordinance by filing and service of a summons and complaint in accordance with county court procedures. {i2) Any Adutt Entertainment Establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes j. of these regulations"repeated vioiatioas"shall mean three or more vinlations of any provision set out herein within a one(1)year period dating from the time of any !` . violation,and a"continuing violation"shail mean a violation of any provision set out herein lasting for three or more consecutive days. (13) The County Attorney,acting pursuant to Section 16-13-302,C.R.S.,may bring an actioR in the District Court for Pitkin County for an injunction against the ` operation of such establishments in a manner which violates any of the provisions set ��'~ out herein. " (14) This ordinance is necessary to the immediate preservation of the pubIic health and safety,due to the immediate impact uQon surrounding residences,churches and schools from the attraction of transients,pazking and tr�c problems,increased • � crime and noise,increased safety hazazds to neighborhood childrea,and overall deterioration of neighborhood quality,and therefore shall become effective immediately upan adoption. (15) If any provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such decision sha11 not invalidate this ordinance in its entirety,and to this end the provisions of this ordinance are declared to be severable. • (16) Any Adult Entertainment Estabtishmertt operating before the effective date of this ordinance sha11 compty with every provision oF this ordinance on the effective date except as set forth in Section 7 above. - I� ' . � ' • t s'.�. . . � ; _a' '�-:: ` � � .. � -.i .. . ,..»�,.,M..«�..Y... :;�h.� , �,�• . ._ . ,. . .. ?9447@ Q7/Q5/9E +�2:�9P p6 4 OF 4 " � 9'h��. Ordinance#96-/ , �,�*� •+ • Page 4 �"�x.,.r..: k;�. ., ...:��'_�•: r.,. ; ; .< INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARIIYG ON . "'� THE 8th DAY OF MAY,199b. ':.;' NOTICE OF PUBLIC HEARING PUBLISHED IN THE��KEND EDITION OF THE ASPEN TIMES ON 11TH DAY OF MAY,1996. APPROVED UPON SECOND READING AND PUBLIC HEARING ON �.q , THE 12TH DAY OF NPiE,1996. , . PUBLISHED AFTER ADOPTION IN TA�W� � � � � I N + � A5PEN TIMES pN THE ZZ. , DAY dF _,1996. ATTEST: BOARD OF COUNTY 1 COMMISSIONERS OF PITHIN COUNTY,COLOI2AD0 ,��", ��.-_— �� Z-� r�,,...,�..._..� ,V Je ►ette Jones ames R.True DeputyCterk Chairman � 3�� Date• � APPROVED A5 TO FORM: ,�-- �.if (�-- ; John M.Eiy Suz ne Konch n County orney Cou Manag r i/orcUaclul�eM.ord + ' � . . ;'�;.':._:".• . .'��.�:k,�:.-..,; ` ' I � , 4'.�l ':.I