HomeMy WebLinkAboutOrdinance 0750
ORDINANCE NO. L~__
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1.
That Ordinance No. 179, of the City of North Richland Hills,
be and the same is hereby amended by adding thereto a new section,
which shall read as follows:
"Secti on 4, Arti cl e I II: Prohi biti ng operation of certain
enterprises 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 (Ordinance No. 179) 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 t!umb 1 i ng between persons of the oppos ite 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, movie, film,
photograph, drawing or other printed or pictorial material
which explicitly depicts:
(A) human gentialsin a state of sexual
arousa 1; or
(B) acts of masturbation, 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, school, 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;
(c) For the purpose 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 enterprise
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. II
SECTION 2.
That a person who violates a provlslon 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 $200.00.
SECTION 3.
This ordinance shall take effect and be in full force and
effect from and after the date of its passage and publication as provided
by 1 aw .
PASSED AND APPROVED this 9th
--"~'-·.I
day o(__._~,RL!} _, 1979.
~~
~Faram, Mayor
ATTEST:
aß¿i~(.~ 7/J¿I-t2-J
~~tte Moore, City Secretary
APPROVED AS TO FORM AND LEGALITY:
-2-
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 22nd
MARCH ,1979.
#
DAY OF
/ht-. 9- ~.~
CHAIRMAN, PLANNING AND ZONING COMMISSION
SECRETARY, PLANNING AND ZONING COMMISSION