Loading...
HomeMy WebLinkAboutOrdinance 11474 e . ORDINANCE NO. AN ORDINANCE AMENDING SECTION 18A, "SEXUALLY ORIENTED BUSINESSES" , OF THE COMPREHENSIVE ZONING ORDINANCE 3011, APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (AS AMENDED) ; PROVIDING A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR PROHIBITED LOCATIONS OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR EXISTING NONCONFORMING USES; PROVIDING ADDITIONAL REGULATIONS FOR ALL SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR AN EFFECTIVE DATE AND GRACE PERIOD; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL CITY ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE CLASSIFICATION AS GOVERNMENTAL FUNCTIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas is a home-rule muni- cipality acting under its Charter duly adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution, as well as acting pursuant to Chapter 9 of the Texas Local Government Code; and WHEREAS, there are several sexually oriented business estab- lishments in the City that necessitate specialized regulations regarding certificates of occupancy, zoning use regulations, inspection and police requirements in order to protect and preserve the health, safety and welfare of the patrons of such businesses, as well as the surrounding neighboring properties and residents thereof; and WHEREAS, convincing documented evidence as well as experience in this City has shown that sexually oriented businesses, because of their very nature, may have a detrimental effect on the churches, schools, parks, residential areas and historical/cultural areas adjacent to such establishments, causing undesirable secondary effects of increased crime and the downgrading of property values; and WHEREAS, the concern over publicly transmitted diseases is one legitimate health concern of the City which demands reasonable regulation of sexually oriented businesses in order to protect the health, safety and welfare of the citizens of the City and visitors thereto; and WHEREAS, Chapter 211 of the Local Government Code authorizes home rule cities to divide a city into districts and regulate the use of property within the districts for the purpose of promoting public health, safety, and the protection of the general welfare of the community and visitors thereto; and WHEREAS, Section 54 .004 of the Local Government Code autho- rizes home rule cities to enforce all ordinances necessary to protect health, life, and property, and to preserve the good government, order and security of the City, its inhabitants and visitors thereto; and WHEREAS, Section 109.57(d) of the Texas Alcoholic Beverage Code expressly allows a municipality to regulate the location of sexually oriented business establishments which are also providing alcoholic beverages; and WHEREAS, the City Council desires to prevent, minimize and control potential or actual undesirable adverse effects and thereby protect and preserve the health, safety, welfare and quality of life of the citizenry of the City of Fort Worth and the visitors thereto; protect its citizens and visitors from criminal activity; -2- preserve the character and property values of surrounding neigh- borhoods so as to minimize the spread of urban deterioration; and to do so with minimal intrusion into the business operations of existing as well as new sexually oriented businesses in the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT WORTH, TEXAS: SECTION 1 The Comprehensive Zoning Ordinance, Section 18A, "Sexually Oriented Businesses" , Appendix "A" of the Code of the City of Fort Worth, Texas is hereby amended to read as follows: Section 18A. SEXUALLY ORIENTED BUSINESSES A. Purpose and Intent The following are provided as guidelines for the construction, interpretation and enforcement of this Section: 1. It is the purpose and intent of this Section 18A to regulate sexually oriented business establishments so as to protect and promote the health, safety, and general welfare of the citizens of the City and visitors thereto, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City. 2. This Section intends a balance of the right of the citizens of the City to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely' inaccordance with the guide- lines of the Constitution of the United States and U. S. Supreme Court rulings pursuant thereto. 3. This Section is also intended to deter property uses and activities conducted thereon which, directly or indirect- ly, cause or would cause adverse effects on the stability of the immediate neighborhood surrounding the sexually oriented business. 4 . This Section has neither the purpose nor effect of imposing a limitation or restriction on the content of -3- any communicative materials, including sexually oriented materials. 5. Similarly, it is not the purpose or intent of this Section to restrict or deny lawful access by adults to sexually oriented materials nor to deny access by the distributors and exhibitors of sexually oriented materi- als to their intended market. 6. Similarly, it is not the purpose or intent of this Sec- tion to impose judgment on the content or merits of any Constitutionally protected form of speech or expression. 7 . Operators of sexually oriented businesses are also hereby generally charged with complying with a policy of "keep it indoors and under control" . All operators bear first line answerability, directly or indirectly, for all uses of the premises and activities conducted thereon. B. Prohibited Locations of Any Type of Sexually Oriented Business 1. An operator of a sexually oriented business commits a violation if he/she operates or causes to be operated a sexually oriented business in a zoning district which does not expressly permit that type of commercial use in said zoning district. 2. In addition to being located in a proper zoning district, an operator commits a violation if he/she operates or causes to be operated a sexually oriented business within 1,000 feet of an existing: (a) church; (b) school; (c) public park; (d) residentially zoned property; (e) designated historical/cultural district; or (f) other sexually oriented business. 3. For the purpose of Subparagraph 2 above, measurement of the 1,000 foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing church, school or sexually oriented business, or from the boundary line of a public park, residentially zoned property or designated historical/cultural district, to the nearest property line of the property sought to be used as a sexually oriented business. 4 . Also for the purposes of Subparagraph 2 above, measure- ment of the 1,000 foot distance shall also include churches, schools, public parks, residentially zoned -4- properties, or other sexually oriented businesses which are located in an adjoining city, township or rural land area and which are within the 1, 000 foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the City of Fort Worth. 5. A person commits a violation if he/she causes or permits the establishment or operation of more than one sexually oriented business on the same property, in the same building or structure, or any portion thereof . 6. A sexually oriented business lawfully operating as a conforming use after December 21, 1993 is not rendered a nonconforming use by the subsequent location of a church, school, public park, residentially zoned property or designated historical/cultural district within 1,000 feet of the sexually oriented business. C. Provisions for Existing Non-Conforming Uses 1 . A sexually oriented business otherwise lawfully operating prior to December 21, 1993 that is in violation of 1, 000 foot distance regulation of Subsection B above shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be voluntarily changed by the operator to a conforming zoning use. 2 . If two or more sexually oriented businesses are located within 1,000 feet of one another and otherwise lawfully operating, the sexually oriented business which was first established and continually operating is deemed the conforming use and the later established business is deemed the nonconforming use. D. Use Regulations For All Sexually Oriented Businesses The application of the following regulations in this Subsec- tion D may be modified only by prior written approval of the Director of the Department of Development to reasonably accommodate legitimate needs of a particular business to promote on-premise security and safety measures for the premises and the persons thereon. (Ex. : security personnel, security doors, money cages, storage rooms, limited access areas; etc. ) Otherwise, the City's Code Enforcement Division may issue citations for violations of the following regulations which occur on the premises of a sexually oriented business at any time the establishment is occupied or open for business: 1. No increase of the floor area or modification in the internal structural configuration of a sexually oriented -5- business shall be made beyond the area or configuration as shown in the floor plan as approved with the issuance of the specialized certificate of occupancy. The operator shall maintain a copy of the approved floor plan posted with the Specialized Certificate of Occupancy in a conspicuous place within the premises. (See Section 18C, Comprehensive Zoning Ordinance) 2. The operator of a sexually oriented business shall permit and cooperate with the appropriate City Enforcement Personnel to inspect the entire premises as well as all activity being conducted therein. 3. Subject to reasonable accommodations for legitimate security measures, including approved internal surveil- lance video systems, the operator shall maintain the entire premises so as to permit walk-through inspections without interference by City Enforcement Personnel. 4 . The operator shall maintain the interior of the premises in such a manner that there is an unobstructed view into every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. The operator shall ensure that the ability to view into any area where customers are allowed remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials. This regulation shall not apply to adult motels only. 5. If the premises contain two or more separate rooms, the operator shall maintain each room with at least one wall or door equipped with clear windows or openings of at least three (3) feet in width and two (2 ) feet in height located no less than three (3) feet above the floor but no less than two (2 ) feet below the ceiling for viewing into the entire area and all activity therein. This regulation shall not apply to adult motels only. 6. The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and illuminated at all times with overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for patrons, employees or City Enforcement Personnel walking throughout the premises. 7 . During hours of darkness when a sexually oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises e- quipped and illuminated by overhead lighting fixtures of sufficient illumination to provide reasonably safe light- ing conditions for persons or vehicles traveling into, on and out of the property. Said lighting fixtures shall be -6- directed onto the property as much as is possible so as to avoid being directed onto neighboring properties. 8. The operator shall not utilize or allow restrooms or employee dressing rooms for sexually oriented business purposes, video equipment or for the offering of any sexually oriented merchandise to customers. 9. The operator shall maintain at least one conspicuous sign at each public entrance, in accordance with the City's sign codes, of a size of at least eighteen ( 18) inches in height and twenty-four (24 ) inches in width, easily visible and legible to all persons prior to entry into the establishment, which contains a statement to the effect: "THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [DE- SCRIPTION OF THE TYPE OF ACTIVITY OR MERCHAN- DISE AS PERMITTED HEREIN] . IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN. NO PERSON UNDER 18 YEARS OF AGE ALLOWED ENTRY" [OR IF ALCOHOLIC BEVERAGES ARE SOLD ON THE PREMISES] - "NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY" E. Effective Date and Grace Period 1. All regulations set forth in this Section 18A shall become effective on December 21, 1993. 2 . However, a "grace period" shall exist until March 1, 1994, during which time no citations shall be issued for violations of Subsection D above so as to allow time for a business to complete necessary structural changes to accommodate the regulations established herein if it so desires. This grace period may be extended by the Director of the Department of Development as to a particular location by written permit for a reasonable period so long as ongoing, good faith efforts are being made by the operator to accommodate these new regula- tions. F. Enforcement and Penalties 1. City Code Enforcement personnel may issue citations for violations of this Section 18A. 2. Each day that a violation is permitted or continues to exist shall constitute a separate violation. -7- 3. When a citation is issued, the person to whom the citation was issued shall within ten ( 10) days make appropriate arrangements in the City's Municipal Courts to either plead guilty, plead no contest or request a docket setting. 4 . Any person who is found guilty of a violation under this Ordinance 18A shall be fined an amount not to exceed Two Thousand and No/100 Dollars ($2, 000. 00) for each viola- tion. G. Definitions The following terms shall, for the purposes of Sections 18A, 18B and 18C of this Comprehensive Zoning Ordinance have the meanings indicated as follows. The following terms are not necessarily mutually exclusive as one sexually oriented business operation may provide more than one form of activity, entertainment or merchandise. 1. "Sexually Oriented Businesses" which are subject to the regulations of Sections 18A, 18B, and 18C shall mean and include any commercial venture whose operations include: (a) the providing, featuring or offering of employees or entertainment personnel who appear on the prem- ises while in a state of nudity or simulated nudity and provide live performances or entertainment for customers; or (b) as a "principal business operation" (35% or more) as defined herein, provides, features or offers non-live, sexually-explicit entertainment, mater- ials, or items for sale or rental to customers; or provides or offers a service or exhibition of materials or items which are intended to provide sexual stimulation or sexual gratification to its customers, said materials or items being distin- guished by or characterized by an emphasis on subject matter depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas" ; and (c) shall include but is not limited to any form of Sexually oriented business, adult arcade, adult bath, adult bookstore, adult video store, adult cabaret, adult entertainment cabaret, adult motel, adult motion picture theater, adult theater, nude modeling business, massage parlor, nude modeling studio, adult out-call establishment, escort agen- cies, sexually oriented encounter center, or other -8- business establishment conducting sexually oriented activity as defined or regulated herein. 2. The term "sexually oriented business" shall not be construed to regulate: (a) an otherwise lawfully operating retail business which does not offer or feature sexually explicit merchandise, material or items for sale or rental to customers as a "principal business operation" (35% or less) and does not offer or feature any form of live sexually oriented entertainment; (b) any clothing business offering wearing apparel for sale to customers but does not exhibit merchandise on live models; (c) a bar, nightclub or lounge or other non-sexually oriented business that occasionally promotes a swimsuit or similar contest in which the contes- tants do not appear "nude" or in "a state of nud- ity" ; (d) any medical practice operated by or employing licensed psychologists, physicians, physical therapists, registered nurses, chiropractors, or athletic trainers engaged in practicing the healing arts; or (e) any educational courses conducted at a proprietary school licensed by the State of Texas, or conducted by a private college or university which operates educational programs in which credits are transfer- rable to a junior college, college or university licensed by the State of Texas; and where in order to participate in a class a student must enroll at least three days in advance of the class and where no more than one nude model appears before the class at any one time. 3. "Adult Arcade" means any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing "specified sexual activities" or "specified anatomical areas" as defined herein. 4 . "Adult Bookstore" and "Adult Video Store" shall mean a commercial establishment which offers for sale or rental any one or more of the following: -9- (a) books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing "specified sexual activi- ties" or "specified anatomical areas" ; or (b) instruments, devices, or paraphernalia which are designed for use in connection with "specified sex- ual activities" or "simulated nudity" . This does not include items used for conception control or for protection from sexually transmitted diseases. 5. "Adult Entertainment Cabaret" means a nightclub, bar, lounge, or similar commercial establishment which provides or features to customers live performances by employees or entertainment personnel (Also see Section 18B, Comprehensive zoning Ordinance) which are distin- guished or characterized by any one or more of the following: (a) an emphasis on the exposure of "specified anatomical areas" ; or (b) an emphasis on "specified sexual activities" ; or (c) an emphasis on "nudity" , "state of nudity" or "sim- ulated nudity" ; or (d) a combination of any of the above. 6. "Adult Motel" means a hotel, motel or similar commercial establishment which rents or otherwise permits a room to be occupied in exchange for any form of consideration, and also: (a) offers accommodations to the tenant or occupier of the room for any television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters exhib- iting, depicting or describing "specified sexual activities" and/or "specified anatomical areas" ; and has a sign visible from the public right-of-way or otherwise advertises the availability of this type of adult accommodations; or (b) offers a sleeping room(s) for rent for a period of time that is less than ten ( 10) hours; or (c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten ( 10) hours. (d) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in less than a ten ( 10) hour period creates a rebuttable presumption -10- that the establishment is operated as an adult motel. 7. "Adult Motion Picture Theater" means a commercial estab- lishment which regularly features non-live performances or entertainment such as films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing "specified sexual activities" and/or "specified anatomical areas" . 8. "Adult Theater" means a theater, concert hall, audi- torium, or similar commercial establishment which regu- larly features persons who appear in a state of nudity, or features live performances which are distinguished or characterized by an emphasis on the exposure of "speci- fied anatomical areas" or by an emphasis on "specified sexual activities" . 9. "Church" means a building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief . 10. "City Enforcement Personnel" means an authorized repre- sentative of any of the following City departments or divisions: (a) Department of Development (b) Code Enforcement Division (c) Health Department (d) Fire Department (e) Police Department (f) Marshal's Office 11. "Customer" means any person who: (a) enters the premises and patronizes a sexually oriented business, whether or not in exchange for the payment of an admission fee or any other form of consideration, gratuity or as a guest of a member; or (b) purchases, rents, otherwise partakes of any sexual- ly oriented merchandise, goods, entertainment or other services while on the premises. 12 . "Designated Historical/Cultural District" means the following areas of notable historical, cultural or architectural importance to the City of Fort Worth which are more particularly described in Exhibit "A" which is attached hereto and made a part hereof by reference: -11- (a) The Central Downtown Business Area; (b) The Will Rogers Memorial Complex area; and (c) The Stockyards Historic District area. 13. "Employee" means any person on the premises of a sexually oriented business who receives any form of compensation, including tips or gratuities, from the operator, manager, customers, other employees or entertainment personnel, and in exchange therefore: (a) renders any work, service, performance or ex- hibition whatsoever, directly or indirectly, to or for a customer; or (b) renders any other support service whatsoever, directly or indirectly, for or on behalf of the furtherance of the business operations; and (c) shall include but is not necessarily limited to bartenders, cashiers, dancers, disc jockeys, es- corts, hosts, hostesses, models, masseurs, outcall persons, strippers, models, waiters, waitresses, or other persons working on or about the premises. 14 . Sexually oriented "Entertainment" means any variety of live or non-live performances or exhibitions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or engaging in "specified sexual activities" or while exposing "specified anatomical areas" , or which provides sexual gratification or sexual stimulation to customers. 15. "Entertainment Personnel" means any person, including persons traditionally regarded as "independent contrac- tors" , who receives any form of compensation, including tips or gratuities, from the operator, customers, employ- ees or other entertainment personnel and in exchange therefore: (a) renders any live entertainment, service, perfor- mance or exhibition whatsoever, directly or in- directly, to or for a customer or the furtherance of the business operation; and (b) shall include but is not necessarily limited to bartenders, cashiers, dancers, disc jockeys, es- corts, hosts, hostesses, models, masseurs, outcall persons, strippers, models, waiters, waitresses, or other persons working on or about the premises. 16. "Massage" means any method by which a person utilizes his or her hands, feet or an instrument for treating the superficial parts of a customer's body for medical, hygienic, exercise, entertainment, relaxation, or -12- stimulation purposes by rubbing, stroking, kneading, tapping, pounding or vibrating. 17 . "Nude Modeling Business" means any establishment where an employee or entertainment personnel performs a massage or "specified sexual activities" while appearing in a "state of nudity" , "simulated nudity" or while displaying "spec- ified anatomical areas" , and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted to customers. 18. "Nude Modeling Studio" means any establishment where an employee or entertainment personnel appears in a "state of nudity" , "simulated nudity" or displays "specified anatomical areas" , and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photo- graphed, or similarly depicted to customers. 19. "Nudity" or "A State of Nudity" means appearing while any of the following portions of the human body are less than completely and opaquely covered: (a) genitals, whether or not in a state of sexual arousal; or (b) pubic region or pubic hair; or (c) buttock(s) ; or (d) the portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s) ; or (e) any combination of the above. 20. "Operated" or "Caused to be Operated" means to cause to function or to put or keep in operation. 21. "Operator" means: (a) the person(s) in whose name a valid Specialized Certificate of Occupancy has been issued for a sexually oriented business pursuant to Section 18C, Comprehensive Zoning Ordinance; or (b) the person(s) in whose name a Specialized Cer- tificate would be required in order to lawfully operate a sexually oriented business pursuant to Section 18C, Comprehensive Zoning Ordinance; or (c) the person(s) who operates or causes to be operated any form of sexually oriented business which is subject to regulation by Section 18A, 18B or 18C, Comprehensive Zoning Ordinance. 22. "Person" means any individual, proprietorship, partner- ship, corporation, association, or other legal entity. -13- 23. "Public Park" means any land area dedicated to and/or maintained by the City for traditional park-like recre- ational purposes, but shall not include: (a) privately-owned amusement parks; or (b) privately-owned or privately-managed golf courses. 24 . "Principal Business Operation" for the purposes of determining whether a business is subject to regulation, shall mean and include any non-live, sexually oriented retail sale or rental business activity as defined herein for which amounts to thirty-five percent (35%) or more of the total business operation at a particular location. The thirty-five percent (35%) criteria may be determined by percentages of floor space utilized, inventory of items for sale or rental, display areas, presentation time of entertainment or performances, or gross revenue of the business as measured over any continuous ninety (90) day period. However, the thirty-five percent (35%) criteria shall not apply to any sexually oriented business featuring or offering any form of live perfor- mances, entertainment, modeling or other live activity, as all such live activity is subject to regulations as a "sexually oriented business" . 25. "Regularly" means offering, featuring, promoting or advertising a happening, occurrence or activity on a recurring basis or at fixed intervals, or as a customary and regular aspect of the business. 26. "Rent" or "Subrent" means the act of permitting a room or other portion of the premises to be occupied in exchange for any form of consideration. 27 . "Residentially Zoned Property" means any residentially zoned district as defined elsewhere in this Comprehensive Zoning Ordinance of the City of Fort Worth. 28. "School" means and includes any of the following: (a) public and private, primary and secondary educa- tional facilities providing education up through and including the twelfth ( 12 ) grade level; and (b) licensed day care centers, meaning a facility licensed by the State of Texas or by the City of Fort Worth that provides care, training, education, custody, treatment or supervision for more than six (6) children under fourteen ( 14) years of age, and for less than twenty-four (24 ) hours per day. 29. "Sexually Oriented Encounter Center" means a commercial enterprise that, for any form of consideration or prize, -14- offers physical activities, contact, wrestling or tum- bling between male and female persons, or between persons of the same sex, when one or more of the persons is in a "state of nudity" or "simulated nudity" and the activity is intended to provide sexual stimulation or sexual gratification to its customers. 30. "Simulated Nudity" means a state of dress in which any artificial device or covering is worn on a person and exposed to view so as to simulate an actual "state of nudity" . 31 . "Specified Anatomical Areas" means the following portions of the human body: (a) genitals, whether or not in a state of sexual arousal; (b) pubic region or pubic hair; (c) buttock(s) ; (d) the portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s) ; or (e) any combination of the above. 32 . "Specified Sexual Activities" means and includes one or more of the following: (a) the fondling, massaging or other erotic touching or stimulation of "specified anatomical areas" or of an erogenous zone; (b) normal or perverted sexual activity, actual or simulated, including intercourse, oral copulation, or sodomy; (c) masturbation, actual or simulated; or (d) excretory functions as part of or in conjunction with any of the activities above. SECTION 2 Unless expressly stated otherwise, these amendments shall not operate to create or extend any new rights to or of the period of amortization previously provided by the prior Section 18A, Comprehensive Zoning Ordinance. Unless expressly stated other- wise, these amendments shall not operate to create, modify or -15- extend any prior prohibited locational requirements for existing sexually oriented businesses. SECTION 3 This ordinance shall be and is hereby declared to be cumula- tive of all other ordinances of the City of Fort Worth. This ordinance shall not operate to repeal or affect any ordinance(s) except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinance(s) are hereby repealed. SECTION 4 It is hereby declared to be the express intent of the City Council that all of the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any section, paragraph, sentence, clause or phrase of this ordinance shall be declared unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect the validity of any of the remaining sections, paragraphs, sentences, clauses or phrases of this ordinance, as if the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid section, paragraph, sentence, clause or phrase. SECTION 5 All of the inspection and enforcement activities by City Enforcement Personnel to ensure compliance with this ordinance are hereby declared to be governmental functions for the health, safety -16- and welfare of the citizens and visitors to the City of Fort Worth. Any City Enforcement Personnel charged with the enforcement of this ordinance in the discharge of his/her duties shall not thereby render himself/herself individually or personally liable for any monetary damages or claims that might accrue to persons or property as a result of an act reasonably or necessarily required or permitted while acting in the course and scope of his/her duties. SECTION 6 The caption and penalty clause of this Ordinance shall be published in a newspaper of general circulation in the City of Fort Worth in compliance with the provisions of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. SECTION 7 All of the amendments to Section 18A, Comprehensive Zoning Ordinance, as set forth above shall become effective, thereafter apply and be subject to enforcement as to all existing as well as all future sexually oriented businesses immediately upon the passage of this Ordinance by the City Council and publication as required by law. APPROVED AS TO FORM AND LEGALITY: S\V-4.� 4p�� City Attorney Date: l 2 — 3 ADOPTED: r-" -9 EFFECTIVE: f_-2 " ,ti �` ��/l -17- �a,�► .ram" Mom_ MM . ' { e _ ii i � \ '\ ii am" li t ii MWi i �iff� fMlM 11110 iMIN MM N Vs i {{•I. r,ter I� t_ 1111M NO i it �� r � {,{, { � ' � ��• 11111M 0111111111 MINE mill: "11111 1111fl il film 1 R" { A MIN WO �f MWOW t. WA ■ dl mill Will mo Win � i.WN MR ►� r i1 IME fit- lilt= r � r � rr� � � rr �■ 'ram ram,� r� � �.w� r �.. t xajdtuoD ist�otuay� s:ta5og i i TM, "M e ..�.. 4TgTgxa J S • w • iil� t R w _ w it I ago 0 Sam aoc*w • y At15113At1Y1 > � : . e = gf�rr or® w Q 00 = e _ s e ■ VL x Sii = r : ► w 0 � f • F Y My � • 7 ■ 11 1 V ! � • - rt • w • w • � • • AL = w • w • w • `���� O fs r��� r • w • w e q = it A IMP w • • • t + .L • , • i • • 0A, t • • • � Y • � } • • • • • 9 MA AA �v • 000�Mo Aa 6�n . .3-M OR 12 �� O •� �� oo� tA d9 A l� 03 . O 4•eFAIR. jj p0 �r 0,4 �O���oo � --�• - - - �� R� ?r O �► H0 bdolk a Ld- Mimi an A - bli INS a .'.5..... .'+ d�:� ��'�la.'� ••.ter•::�.. Odr/.a r�� d � �� �o It"•slut •-. �� 0 � 11::111••��,�,. t���o =s:� D ��cC Q�C so ea a•_:'.•1; C .Lral ailml rlrl � 1 u,.11u lil nu lut, it j iiiiii i 11 trfL1 •Illtll 1111/1/1 L Fai��t (LiM, Illllllt Itlh�►' • i M 1: (111111 Illlllll' ::'!p!I � uir•r' IIU 11 rlli//■■ 0 ' ri In1:11 1u11111 ullah 1•�.n'I d U nl^/• n .�ul 111 1111 0. lv . Iro Il.el1 lilt!!! Irc:!!P t�l hn jL,� ulil�� 14lanl priint O� o, �, © _1111111 �Illlllr 11111111- nI::1 b L - IIUI -i Ii1111 Uh.ln r p .� e �I1.11U Iul11u 11111111 1';1-�1111 I/IIIIII IIlL::11 IIIIIIn� 0 ® IIA.11 Ill!•�II Ino 1r•Ui lll►•1G Inta1 IIIIMII� [�9 11!•?!�1 Ilia!!! 1!!a!� 11�i!I,.Irl:<!!! '�!li4� -_u■• --� 0 � IIbNn Iblpl IrlO u 1:;1 tt-.fl11/10-. :•lb 1 ��Ilq. - � -O' •1111111. 111111 1 t•�••_ -DO o cho MIMI V6or a �a ?II„stl ,Iltllll d�� oeoa 6� d� 6� da d0 �� oa an al n " Qom: am id 3 �- bu as or M amN da do' Q4Q4l "Oita `ai a �Op' �o •� a�r.� alh ,,� Qe vo ' ewe rM a q e160 E p vo `� es Was 0 1190 ts-!�1 t=� WIN, - 1 I • • 1 - -