|
RECEIVED
<br />
<br /> OR DI NANCE #90-7
<br />
<br /> CITY OF RAMSEY
<br /> -ANOKA COUNTY
<br /> STATE OF MINNESOTA
<br /> AN ..-i..O R D I N A N C E PLACING A
<br />MORATORIUM ON THE SITING OF ADULT
<br />BOOKSTORES AS DEFINED HEREIN
<br />WITHIN ANY ZONING DISTRICT OF THE
<br />CITY OF RAMSEY
<br /> THE CITY COUNCIL OF THE CITY OF
<br />RAMSEY ORDAI NS: SECTION-1. PREAMBLE
<br /> Whereas, the Council finds that a business
<br />advertising itself as an "Adult Bookstores" is
<br />contemplating doing business in the City-of
<br />Ramsey in the City's B-1 Business District
<br />zone; and
<br /> Whereas, the Council finds that proper plann-
<br />ing for the siting of Adult Bookstore Within the
<br />City is necessary in order to'proteCt the'(cttyfs~
<br />Pianning'~ p~-0cess and' th6:'health7 .Safety 'and
<br />welfare of the citizens; and
<br /> Whereas, the Council fiends that an interim
<br />Ordinance placing a moratorium on the siting
<br />'and/or use of any property within the City as an
<br />Adult Bookstore is necessary Jn order to permit
<br />the planning process to take place; and
<br /> Whereas, the Council finds that it is neces-
<br />sary for an ·immediate preservation of.the
<br />public peace, heallh, morals, safety and welfare
<br />that an emergency interim ordinance be
<br />adopted prohibiting the siting, maintaining and
<br />operating of Adult Bookstores within the City
<br />pending completion of the planning process
<br />relating thereto.
<br /> SECTION 2. AUTHORITY .
<br /> This Ordinance is adopted 'pursuant to that
<br /> authority granted the City in'MSA 462.355 Subd.
<br /> 4 :entitled "-Interim Ordinance" and City
<br /> Charter provision Section 3.06 entitled
<br /> "Emergency Ordinances".
<br /> SECTION 3. DEFINITIONS
<br /> a. ADULTBOOKSTORE: A business engag-
<br /> ing in the barter, rental, or sale of items con-
<br /> sisting of printed melter, pictures, slides, re-
<br /> cords, audiotapes, ~ideotapes or motion picture
<br /> film, if such. shop is not open to the: public gen-
<br /> erally but only to one or more classes of the
<br /> p:ubllc, excludi.ng any minor by reason of age,
<br /> or if a substantial or significant portion of such
<br /> items ar,e dist nguished or characterized by an
<br /> emphasis on the depiction or description of
<br /> "specified sexual activities" or "specified
<br /> anatomical areas".
<br /> b. SPEClFI ED ANATOMICAL AREAS:
<br /> 1. Less than completely and opaquely covered ~
<br /> human genitals, pubic region, bullock, anus; or ~
<br /> female breast(s) below a point 'immediately
<br /> above thetop of the are°ia; and,_ r .
<br /> 2. Human male genitals in a disce~nably
<br /> turgid.state, even if completely and opaquely
<br /> covered,
<br /> . c.' SPECIFIEDSEXUALACTIVITIES:
<br /> 1. Actual or simulated sexual intercourse, oral
<br />copulation, anal intercourse, oral-anal
<br />copulation, .bestiality, direct physical
<br />~timulalion of unclothed genitals, flagellation or
<br />torture in the context of_a sexual relat!onship,.or
<br />&her Use of excretory functions in the contest of a r
<br />;~uel~ relationship, and any of the following .
<br />~exually-oriented acts or conduct: anilingus,~
<br />buggery, coProphagy, c0prophilia, cunnilingus, .
<br />
<br />· fe!latio, necrophilia, pederasty, pedophilia,:',
<br /> piquerism, sapphism, zooerasty; or
<br /> 2. Clearly depicted human genitals in the state '
<br />of sexual stimulation, arousal or tumescence; or
<br /> 3. Use of human or animal ejaculation,
<br /> _sodomy, oral copulation, coitus, or
<br /> masturbation; or
<br /> 4. 'FONdling or touching 'of nude 'human
<br />!~ar~if~lJ~..pubic region, buttocks, or female
<br />
<br />· 5. Situations inv01ving a per,on.or persons,
<br />any of whom are nude, clod in ufidqrgarments or
<br />in sexuolly revealing costumes, and who are
<br />engoged in activities involving the flogellotion,
<br />torture, fettering, binding or other physicol
<br />restroint of any such persons; or
<br /> 6. Erotic or lewd touching~ fondling or other
<br />sexually-oriented contact with an animal by a
<br />human being; or
<br /> 7. Human excretion, urination, menstruation,
<br />~;aginal or anal irrigation.
<br /> sEcTION 4. PUBLIC HEARING AND STUDY
<br /> The City Coun~il hereby directs City Staff tO
<br />stugy the siting or each adult bookstore as above
<br />defined and schedule a public hearing for May
<br />:29, 1990 at which time public commbnt Will be
<br />accepted and received regarding the placement
<br />ahd location of'Adult Bookstores within the City.
<br />' SECTIONS. PROHIBITION
<br /> During the term of this Ordinance no Adult
<br />Bookstore shal.I be sited, operated or maintained
<br />or otherwise do business .within the City of
<br />Ramsay.
<br /> SECTION 6. EFFECTIVE DATE
<br /> Thi~emergency Ordinance becomes effective
<br /> upon it passage and shall be in effect for a period
<br />of 180 days from the date hereof. SECTION 7. VIOLATION
<br /> A violation of any portion of this Ordinance
<br />shall be considered a misdemeanor punishab!e
<br />:by imprisonment for up to 90 days and a fine of'
<br />$~00.00, or both. Each day that a violation oc-
<br />curs shall be considered a separate offense.
<br /> .PASSED by the ~ity Council of the City of
<br /> Ramsay, Minnesota, the :23rd day of April 1990.
<br /> -s-Gary R. Reimann
<br /> Mayor
<br /> ATTEST:
<br /> -s-David R. Hartley
<br /> City Administrator/Clerk
<br /> abedefghiiklmnopqrstuvwxyz
<br /> Published in Anoka Co. Union
<br /> April :27, 1990
<br />
<br />PRINTER'S AFFIDAVIT OF PUBLICATION
<br />
<br />STATE OF MINNESOTA )
<br /> SS
<br />County of Anoko )
<br />
<br />HAY 0 I
<br />
<br /> Peter G. Bodley, being duly sworn, on oath says that he is the managing editor of the
<br />newspaper known as the Anoka County Union, and has full knowledge of the facts which are
<br />stated below:
<br />
<br /> (A) The newspaper has complied with all of the requirements constituting qualification
<br />as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other
<br />applicable laws, as amended.
<br />
<br /> (B) The printed ..... 0RDIh~J~CE .................................................
<br />...................... Numbe~, .90-.7 ...............................................
<br />which is attached was cut from the columns of said newspaper, and was printed and
<br />
<br />published once each week, for..Oiq~ .... successive weeks; it was first published on Friday,
<br />
<br />the .... 27+J3 ....... day of . Apr.].] .......... 19.90., and was thereafter printed and
<br />
<br />published on every Friday to and including Friday, the ................ day of
<br />
<br />................ ,19 .... ; and printed below is a copy of the lower case alphabet from A to Z,
<br />both inclusive, which is hereby acknowledged as being the size and kind of type used in the
<br />composition and publication of the notice:
<br />
<br /> abcdefghiiklmnopqrstuvwxyz
<br />
<br /> Managing Editor
<br />
<br />Subscribed and sworn to before me on
<br />
<br />,[~....~/.u..~.. d; ~is'" 2.7..th.. day of... Ap.r.i. 1. ........ 19..9~)..
<br /> ~ ~:~? ~"~;i~ tJOTA ~Y PU SL C e ~
<br /> ~< ~ ~:~. [~ :c'~ ANOKA COUNTY
<br /> ~ "~;>~t~ .... My Commission expires *','*ay
<br />
<br />RATE INFORMATION
<br />
<br />(1) Lowest classified rate paid by
<br /> commercial users for comparable
<br /> space
<br />
<br />$ 7.00
<br />
<br />(2) Maximum rate allowed by law for the
<br /> above matter
<br />
<br />(3) Rate actually charged for the above
<br /> matter
<br />
<br /> (Line, word, or inch rate)
<br />
<br />$ 7.~1
<br /> (Line, word, or inch rate)
<br />
<br />$ 3.qs
<br /> ( Line, word, or inch rate)
<br />
<br />
<br />
|