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PROPOSED ORDINANCE NO. 99-107
ORDINANCE NO 4468
AN ORDINANCE AMENDING ORDINANCE NO. 4415 REGULATING
SEXUALLY ORIENTED BUSINESSES AND ITS EMPLOYEES
AND PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS
FOR SEXUALLY ORIENTED BUSINESSES IN THE CITY
OF MISHAWAKA, INDIANA
WHEREAS, the Common Council and staff were presented
evidence from numerous concerned citizens about the negative secondary
effects of adult businesses, also know as sexually oriented businesses,
and reviewed finds and studies from other communities including,
but not limited to Tucson, Arizona (1970), Garden Grove, California
(1991), Los Angeles, California (1977), Whittier, California (1978),
Indianapolis, Indiana (1984), Times Square, New York (1994), Oklahoma
City, Oklahoma (1986), Oklahoma city, Oklahoma II (1992), Austin,
Texas (1986), Dallas, Texas (1997), Newport News, Virginia (1996)
and Seattle, Washington (1989); and
WHEREAS, the United States Supreme Court in Renton
v. Playtime theatres, Inc., 475 U.S. 41 at 51-52 (1986), has held
that local legislative bodies may rely on findings and studies from
other cities before enacting an ordinance regulating sexually oriented
businesses; and WHEREAS, after reviewing the studies and findings
from other communities, the testimony of local residents, organizations
and business people, and reports and information presented by the
city staff, the Common Council found that there was substantial
and convincing evidence that sexually oriented businesses, because
of their very nature, have a deleterious effect on existing businesses
around them, the surrounding residential areas, and the public at
large, causing among other adverse secondary effects, increased
crime and urban blight, downgrading of property values, and spread
of sexually transmitted and communicable diseases; and
WHEREAS, the Common Council adopted Ordinance No.
4415 (hereinafter called the "Ordinance") for the purpose of regulating
sexually oriented businesses to promote the health, safety, morals
and general welfare of the citizens of Mishawaka, and to establish
reasonable and uniform regulations to prevent the deleterious effects
of sexually oriented businesses within Mishawaka; and
WHEREAS, the Common Council did not intend to include
provisions in the ordinance that violate the United States Constitution,
the Indiana Constitution, the Indiana Home Rule Statute (Indiana
Code 36-1-3 et seq.) and any other federal and state laws; and
WHEREAS, the Common council did not intend to impose
criminal sanctions, against individuals who violated the provisions
of the ordinance, but instead civil penalties; and
WHEREAS, the city staff responsible for drafting,
revising, editing and reviewing the final draft of the ordinance
inadvertently included in the final draft of ordinance Section 125.14(B)
and language in Section 125.21 suggesting criminal penalties for
ordinance violations; and
WHEREAS, the Common Council desires to remedy these
errors contained in Ordinance No. 4415.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL
OF THE CITY OF MISHAWAKA, INDIANA, THAT:
Section I. Title XI, Chapter 125: Sexually Oriented
Businesses of the Municipal Code of the City of Mishawaka, Indiana,
is hereby amended as follows:
A. Section 125.14(B) of the Municipal Code of the
City of Mishawaka is hereby deleted in its entirety.
B. The title of Section 125.21 is hereby deleted in
its entirety and replaced with the following words and phrases:
"125.21 PENALTY AND INJUNCTIVE RELIEF.
A. Any person who violates the provisions of this
chapter shall be subject to a fine not to exceed Two Thousand Five
Hundred Dollars $2,500 for each violation. Each day of continued
violation shall constitute a separate offense.
B. In addition to seeking penalties against individuals
who violate provisions of this chapter, the City Attorney or his/her
designated representative may commence legal action seeking injunctive
relief against any individuals violating the provisions of this
chapter.
Section 2. This Ordinance shall be in full force and
effect and after its passage by the Common Council, signature of
the Mayor, attestation by the City Clerk and publication as required
by law.
PASSED BY THE COMMON COUNCIL of the City of Mishawaka,
Indiana on this 20th day of December 1999, at 7:20 o’clock, p.m.
___________________________
Steven T. Emmons
Presiding Officer,
Steven T. Emmons
ATTEST:
____________________________
Deborah S. Block, City Clerk
PRESENTED by me to the Mayor this 21st day of December
1999, at 10:45 o’clock, p.m.
____________________________
Deborah S. Block, City Clerk
APPROVED by me this 21st day of December 1999, at
2:01 o’clock p.m. ____________________________
Robert C. Beutter, Mayor
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