HomeMy WebLinkAboutOrdinance 7711 ORDINANCE NO. -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1964) , AS AMENDED, BY ADDING A NEW
SECTION THERETO DESIGNATED AS SECTION 27-50,
ENTITLED "PROHIBITING OPERATION OF CERTAIN
ENTERPRISES IN ..SPECIFIED AREAS" ; PROHIBITING
THE OPERATION OF BUSINESSES THAT OFFER r, RESTLING
BETWEEN MEMBERS ' OF THE OPPOSITE SEX 'IN AREAS
NEAR CHURCHES, SCHOOLS, RESIDENTIAL AREAS OR
PUBLIC PARKS ADJACENT TO RESIDENTIAL AREAS;
PROHIBITING BUSINESSES THAT OTTER NUDE MODEL TNG
OR NUDE ACTIVITIES FROM OPERATING NEAR CHURCHES,
SCHOOLS, RESIDENTIAL AREAS OR PUBLIC PARKS
ADJACENT TO RESIDENTIAL AREAS; PROHIBITING
BUSINESSES THAT DISPLAY'BOOKS, MAGKLINES, NEWS-
PAPERS, PICTURES, PHOTOGRAPHS AND DRAWINGS THAT
CONTAIN CERTAIN SEXUAL MATERIAL FROM OPERATING
NEAR CHURCHES, SCHOOLS, RESIDENTIAL AREAS OR
PUBLIC PARKS ADJACENT TO RESIDENTIAL AREAS ;
PROVIDING A DEFENSE; PROVIDING FOR MEASUREMENT
OF DISTANCES; PROVIDING A DEFINITION; PROVIDING
A PENALTY NOT TO EXCEED $200; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the Code of the City of Fort Worth (1964) , as
amended, be and the same is hereby amended by adding thereto
a new section 27-50, which shall read as follows:
"Sec. 27-50. Prohibiting operation of certain enter-
prises in specified areas.
(a) A person commits an offense if he operates
or causes to be operated within 1000 feet of a church,
a public or private elementary or secondary school,
or a district restricted to residential use by the
Comprehensive Zoning Ordinance of the city or a public
park adjacent to residential areas:
(1) a business or enterprise that offers
for a consideration physical contact in the form
of wrestling or tumbling between persons of the
opposite sex; or
(2) a business or enterprise that offers
for a consideration activities between male and
female persons and/or persons of the same sex
when one or more of the persons are nude or
semi-nude; or
(3) a business or enterprise which offers
for a consideration nude human modeling; or
(4) a business or enterprise which displays
for sale a book, magazine, newspaper, picture,
photograph, drawing or other printed or pictorial
material which explicitly depicts:
(A) human genitals in a state of
sexual arousal; or
(B) acts of masterbation, sexual
intercourse, or deviate sexual intercourse.
(b) It is a defense to prosecution under Subsection
(a) (3) that the business or organization is:
(1) a proprietary school licensed by the
State of Texas;
(2) a college, junior college, or university
supported entirely or partly by taxation; or
(3) a private college or university which
maintains and operates educational programs in
which credits are transferable to a college,
junior college, or university supported entirely
or partly by taxation;
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(c) For purposes of this section, distances shall
be measured in a straight line, without regard to
intervening structures or objects, from the nearest
portion of the building used as a business or enter-
prise described in Subsections (a) (1) , (a) (2) , (a) (3) ,
or (a) (4) to the nearest property line of the premises
of a church or public or private elementary or secondary
school, or to the nearest boundary of a district restricted
to residential use by the Comprehensive General Zoning
Ordinance of the city or to public parks adjacent to
residential areas.
(d) In this section, 'semi-nude' means a state
of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast,
as well as portions of the body covered by supporting
straps or devices. "
SECTION 2.
That a person who violates a provision of this Ordinance
is guilty of a separate offense for each day or portion of a
day during which the violation is committed, continued or
permitted, and each offense is punishable by a fine not to
exceed $200.
SECTION 3.
This ordinance shall repeal every prior ordinance and
provision of the Fort Worth City Code in conflict herewith
but only insofar as the portion of such prior ordinance or
provision shall be in conflict, and as to all other ordinances
or provisions of the Fort Worth City Code not in conflict
herewith, this ordinance shall be and is hereby made cumulative.
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SECTION 4.
This ordinance shall take effect and be in full force
and effect from and after the date of its passage and publi-
cation as provided by law.
APPROVED AS TO FORM:
457 r- 10�_, I -
City Attorney
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