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PRINTER'S AFFIDAVIT OF PUBLICATION
<br />
<br /> - ORDINANCE NO.90-10
<br />
<br /> CITY OF RAMSEY
<br /> ANOKA COUNTY,MINNESOTA
<br /> AN ORDINANCE PERTAINING TO. THE.
<br /> LOCATION OF ADULT ENTERTAINMENT·
<br /> USES AND AMEND NG ORDINANCE NO.90- -
<br /> 8, WHICH ORDINANCE NO. 90-8~S'AN .ORDI' '
<br /> NANCE PLACING A MORATORIUM ON THE
<br /> siTJN~-../OF ADUET' BooKs~rORE$
<br /> ANY'
<br /> ZONfNG
<br /> 'DEFINED 'HEREIN WITHIN
<br /> DIS'[ PICT OF THE CITY OF RAMSEY.
<br /> The City of Ramsay Ordains:
<br />~,~.. Section 1. Amendment. Sections'l, 3, 4, 5, and
<br /> 7 of Ordinance No. 90-? are amended to read as
<br /> follows:
<br /> ' SECTION ! PREAMBLE.
<br /> WHEREAS, the City Council has reviewed.
<br /> and studied the "Report of the Attorney Gener-
<br /> al's Working Group on Regulation of Sexually
<br /> Oriented Businesses", dated Jupe 6, 1989,
<br /> prepared in conjunction with Hubert H. Hum-
<br /> phrey, Iii, Attorney General, State of Min-
<br /> nesota and the Rochester, Mlnnesota/Oimstead
<br /> County Planning Department "A~luit Enter-
<br /> tainment Report'f dated March 2, 1988, beth of
<br /> which reports are hereafter collectively refer-
<br />
<br />--:,red to as "Reports"; and
<br /> ' wHEREAS, the Reports considered evidence
<br /> from studies conducted in Minneapolis and St.
<br /> Paul and In other cities throughout the country
<br /> re a:tlng to sexually oriented businesses; and
<br /> WHEREAS, the Attorney Gene~'al's Report,
<br /> based, upon the above referenced studies and
<br /> .the ·testimony presented to it has concluded
<br /> "(their sexually oriented businesses are
<br /> associated with high crime rates and depression
<br /> .o~ pr, operty values." In addition, the-Altorney
<br /> General's.Working Group ff... heard testimony
<br />'that the character of a neighborhood can
<br /> dra~taflcally change when there is a concerltra-
<br /> lion. of sexually oriented businesses adjacent to
<br /> resldontlal property."; and
<br /> WHEREAS, the Reports conclude that Adult
<br /> Entertainment Uses have an impact on the
<br /> nelghporhoeds surrounding them which is
<br /> dlstlnct'from the Impact caused by other com-
<br /> mercial uses; and
<br /> WHEREAS, the Reports conclude that resi-
<br /> dential neighborhoods located within close prox-
<br /> imity to adult theatres, boukstores and other
<br />"Ad01t Entertainment Uses 'experience Increased
<br /> crime rates (sex-related crimes in particular),
<br /> lowered property values, increased,:,~ransioncy,
<br /> and decreased stabllity of ownershil~; and
<br /> WHEREAS, the Reports conclude the adverse
<br /> impacts which Adult· Entertainment Uses have
<br /> on surrounding areas diminish as the distance
<br /> from the Adult Entertainment UseslnCreeses;
<br />~ add '"
<br /> WHEREAS, the Reports conclude that studies
<br /> 'of,other cities have' shown that among the
<br /> crimes which tend to increase either within or
<br /> "iri the near vicinity of Adult Entertainment
<br /> Uses are rapes, prostitution, child molestation,.
<br /> Indecent '"expos0re, and ofh6r lewd and
<br /> lascivious behavior; and
<br /> WHEREAS, the Reports conclu,de that'the Ci-
<br /> ty of Phoenlxi Arizona study confirmed that the
<br /> sex crime rate was bn the average 500 percent
<br /> higher in areas with sexually orlentud
<br /> ' beslnessos; and
<br /> WHEREAS, the Reports conclude that many
<br />
<br />:. 'membors"ef the public perceive areas within
<br /> Which Adult Entertainment Uses are located as
<br /> - less.safe.than other areas which do not have
<br /> s0chuSes; ahd
<br /> WHEREAS, the Reports conclude ,that studies
<br /> of other cities have shown that the values of
<br /> beth commercial- and :residential prop~rhes el-.
<br /> thor are diminished or fail'to appreciate at the
<br /> rate .of other comparable' properties when
<br /> lOCated-in proximity tu Adult Entertainment
<br /> Uses; and ' '
<br /> WHEREAS, the Reports conclude that the ln-
<br /> cllanal~oll~, indiana stud~ establlshed that pro-
<br /> fesslona} real estate appraisers believe that an
<br /> adblt bookstore would have ~ negative effect on
<br /> the 'value of both .residential and commercial-
<br /> properties within a one to three block area of
<br /> the store; and
<br /> WHEREAS, the Ramsay City Co~0cil-finds
<br /> "the suburban characteristics of Ramsay are
<br /> slmllor to those of the"larger cities cited by-the
<br /> Reports when considering the effects of Adult
<br /> Entertainment Uses; and
<br /> WHEREAS, the Ramsoy City Council finds,
<br /> based upon the Reports and the studies cited
<br /> therein, that-Adult Entertainment-Uses will
<br /> have secondary effects upon p?e-exlst!ng land
<br /> uses'within the City; and
<br /> - ' WFIEREAS, th~ Ramsay city Council finds
<br /> that proper planning foF the siting 'of Adult
<br /> Entertainment Uses within the' City Is neces-
<br /> sary In'o~der to prote~t the City's planning pro-
<br /> cess and the' health, safety and welfare of the
<br /> citizens; and ' '
<br /> WHEREAS, the Ramsay City Council finds
<br /> that an interitn ordinance placing a moratorium
<br /> on the locating of Adult Entertainment-Uses
<br /> within certain specified distances from chur-
<br /> ches, residential' ~one district boundaries,
<br /> schools, and youth facilities Is necesse~y in
<br /> order to permit the planning process to take
<br /> place. .
<br />
<br />STATE OF MINNESOTA )
<br /> SS
<br />County Anoko )
<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 ORDINANCE .......................
<br /> ......................... o. :!9 ........................................
<br /> which is attached was cut from the columns of said newspaper, and was printed and
<br />
<br /> or fewer persons pot machine at any one time, oral copulation, anal intercourse, oral-anal site. In addition, no Adult Entertainment Uses
<br /> and where the images so displayed are copulation, besHality, direct physlcal sflmula- may be located within 1,000 feet of another
<br /> distinguished or characterized by an emphasls ti0n of unclothed genltals,'flagellation or torture Adult Entertainment Uses. For purposes of this
<br /> on depicting or describing specified sexual ac- i~ the ~:ontext of a Sexual relationship, or the Ordinance this distance shall be a horizontal
<br /> tivitJes or specified anatomical areas, use of excretory functions in the conte~t of a measurement from the nearest existing resF
<br /> I. ADULT MOTION PICTURE THEATRES: A sexual relatlons~lp, and any 6f the following dential district boundary or site used for resi-
<br /> business premises within an enclosed building sexually-oriented acts or conduct: anlllngus, dentlal purposes, church site, school site, youth
<br /> with a capacity of 50 or more p~rsens used for buggery, coprophagy, coprophllla, cunnlllngus, facility site or another Adult Entertainment
<br /> presenting visual media material If said fellatlo, necrophllla, pederasty, pedophllla, pi* Uses Site to the nearest point of the propose0
<br />
<br /> business as a prevailing practice excludes querism, sapphlsm, zooorasty; or Adult Entertainment UsesSite. j
<br /> minors by virtue of age, or If said material is 2. Clearly depicted human genitals In the SECTION/.VIOLATION.
<br /> distinguished or characterized by an emphasis state of sexual stimulation,' arousal or The City may enforce any provision of thisJ
<br /> on the depiction or description of "specified tumescence; or Ordinance by mandamus, Injunction or anyj
<br />
<br /> · sexual activities" or "specified anatomical 3. Use of human or animal ejaculation, other appropriate civil remedy in any Courtof~
<br /> areas" for observation by patrons therein, sodomy, 'oral copulation, collus~ or masturba- competent Jurisdiction. r~
<br /> rn. ADULT NOVELTY BUSINESS: A tion;or ' Secflon2. Authority. ]
<br />
<br /> business which has asa principal activity the 4. Fondling Or' touching of nude human This Ordinance is adopted pursuant to thatt
<br /> sale of devices which simulate human genitals genitals, · pubic region, buttocks, or female authority granted the City In MSA 462.355, Subd.
<br /> or devices which are designed for sexual sflmu- breast; or 4 entitled "Interim Ordinance".
<br />
<br /> lotion. · · 5. Situations [nvolvln~ ra person or persons, Sectlon3. Separabillty.
<br />
<br /> n. ADULT SAUNA: A sauna which excludes any of whom are nude, clad in undergarments ..Every section, provision, or paCt'of this Ordi-
<br /> minors by reason of age, or which provides a or in sexually' revealing costumes, and who are hence or any permit Issued pursuant to this Or-
<br /> steam bath or heat bathing room used for the engaged In activities Involglng the flagellation, dlnonce is declared separable from every other
<br /> purpose of bathing, relaxation, or reducing, torture, fettering,' binding or other physical section, provision, or part thereof to the extent
<br /> utilizing steam or hot air as a cleaning, relaxing restraintof any such persons; or that If any section, provision or part of this Or.
<br /> or reducing agent, if the service provided by the 6. Erotic or lewd touching, fondling or other dinance or any permit issued pursuant to this
<br /> sauna is distinguished or characterized bY an Sexually-oriented contact with an animal by a Ordinance shall be held invalid by a court of
<br /> emphasls'on'"specified sexual activities" or human being; or competent ~urlsdlctlon, il shall not invalidate
<br /> "specified anatomical areas." 7. Human excretion, urination, menstruation, any other section, provision, or part thereof.
<br /> o. CHURCH: A building or structure, or vagineloranalirrlgatlon. Sectlon4. Effective Date.
<br /> group of bulldlngs or structures, which by r s. YOUTH FACILITY: A public playground, This Ordlnonce becomes effective upon it
<br /> design and consttuction are primarily Inlended park, 'public swimming' pool, publlc library, or passage and shall be effective thirty (30) day
<br /> for the. conducting of organized religious sar- licensed day care facility, after its publication according to law, subject t,
<br />
<br />vlces and associated accessory.uses. SECTION 4. PUBLIC HEARING AND STUDY. City Charter Section 5.04. and shall be in effec;
<br />p. SCHOOL: A public school as defined in The'City Council hereby directs City Staff to foraperlodof180daysfromthedatehereof, c~
<br />Mlnrieseta Statutes//120.05 or a nonpublic school study the siting of'Adglt Entertainment Uses as PASSED by the CI~y ~ouncll of the City
<br />or a non-sectarian nonpublic school as defined defined in Sectl6n 3 above'and schedule a public Ramsay, Minnesota, the 22nd day of May, 1990.
<br />In Minnesota Statutes#123.932. hearing for May 29, 1990, at which time public -s-Gary R. Relmsnn
<br />-q. SPECIFIEDANATOMICALAREA$: 'comment will be accepted and received roger- Mayor
<br />1. Less than completely and opaquely covered ding the piacemont and location of Adult Enler- ATTEST:
<br />human genitals, pubic region, buffock, anus, or talnment Useswlthln the City. David R. Hartley
<br />female breast(s) 'below a point immediately SECTIONS~ LOCATION. CltyAdmlnlstrator/Clerk
<br />abevethetopoftheareela; and During the 'term of this Ordinance, no Adult abcdefghijklmnopqrstuvwxyz
<br />2. Human male genitals in' a discernibly Entertainment Uses shall be located less than PublishedlnAnokaCo. Union
<br />· lurgld state,'even if completely and opaquely ' 750 feet from any reslderitlai zoning district May25, 1990
<br />
<br /> covered, boundary or Site used for residential purposes
<br /> · ~. SPEC F~ED SEXUAL ACTIVITIES: and less than 1,000 feet from any church site,
<br /> 1. Actual' or sintulated sexual intercourse, fro~ anysc, h'oul.slte, or from any youth fa~i_llt_y
<br /> u~zmercm~u~ers ~or comp~rab]-e
<br /> space $ 7.0 0
<br /> (Line, word, or inch rate)
<br /> (2) Maximum rate allowed by law for the 7.0 0
<br /> above matter $
<br /> (Line, word, or inch rate)
<br /> (3) Rate actually charged for the above
<br /> matter $ 3.9 5
<br /> (Line, word, or inch rate)
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