The URL can be used to link to this page

Home My Public Portal AboutOrdinances-2002-254 , • - CITY OF TIFFIN ORDINANCE NO. 2002 - 2 5 4 e AN ORDINANCE' AMENDING ORDINANCE NO.` 1998-219 (ZONING ; ORDINANCE) OF THE MUNICIPAL CODE OF TIFFIN, IOWA, TO PROVIDE . AN ADDITIONAL PERMITTED PRINCIPAL USE AND STRUCTURE TO . ' AREAS} ZONED AS M-2 HEAVY INDUSTRIAL AND TO PROVIDE A DEFINITION OF SEXUALLY-ORIENTED BUSINESSES BE.IT ORDAINED BY THE CITY COUNCIL OF TIFFIN IOWA: . Section 1. Purpose. To make an amendment to Ordinance No. 1998-219 (Zoning) to provide an additional permitted principal use known as "Sexually-Oriented Businesses"to areas zoned M-2, Heavy Industrial and to provide a definition of same. Section 2. Amendment: City of Tiffin Ordinance No. 1998-219 Section 5.07.J.1. is hereby amended by adding the following thereunder as Paragraph (j): ti ' (j) Sexually-Oriented Businesses Section 3. Amendment: ' City of Tiffin Ordinance No. 1998-219 Section 5.05(B) Definitions: is hereby amended by adding the following thereunder as No. 1A. I 1A. Sexually-Oriented Businesses: A "Sexually-Oriented Business" is ' , an establishment, including bookstores, bars, restaurants, movie theaters, and , arcades where films are shown, or videotapes, magazines, books, or other printed • matters are sold, or live performances take place, that are•characterized by an emphasis upon the depiction or exposure of "Specified Sexual Activities" or t. 4 "Specified Anatomical Areas", as defined below. Massage parlors where services are not administered by a licensed practitioner, chiropractor, acupuncturist, therapist, or similar person licensed by. the state are also included in this ` definition. fi i. Specified Sexual Activities: Patently offensive acts, exhibitions, representations, depictions or descriptions of: 1) human genitals in a state of sexual stimulation or i arousal; 2) fondling or other erotic touching of human ' genitals, pubic region, , buttocks or -female breast; t 3) intrusion, however slight, actual or stimulated by an object, any part of an.,animal's body or any part of a person's body into the genital or anal openings of a . , . person's body; 4) cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or = excretory function, actual or simulated; 5) flagellation, . - mutilation, or torture, actual or simulated, in a sexual context. r ' . Page 1 of 4 ` S:\Clients\Cities\Tiffin\ORDINANCES\ZONING ORDNANCE\AME D ADD ADULT ENTERTAINMENT.doc Last printed 08/13/02 11:45 AM kd t w . r , � e Page 2002-254 Specified anatomical areas: Less than completely and opaquely covered human genital, pubic region, buttocks, and a female breast below a point above the aerola; and human male genitals in a discernibly turgid state—even if completely and opaquely covered. Section 3. penalty Provision. The city may elect, at its sole discretion, to , 'prosecution any violation either as simple misdemeanor or a municipal infraction. Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Severability. If any section;provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or, unconstitutional. Section6. Effective Date. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. • • t f r - a - r i Page 2 of 4 S:\Clients\Oriel\Tiffin\ORDINANCES\ZONING ORDINANCE\AMEND ADD ADULT ENrERTAINMENLdoc Last printed 08/13/02 11:45 AM kd , n ¢ 3 k a x f Ordinance No. 2002-254 On the 14`h day of August 2002, at a regular meeting of the Tiffin City Council,Tiffin, Iowa, Councilperson Di Is introduced Ordinance No. 2002-254 , and moved that it be 'given its first reading. The motion was seconded by Councilperson Gericke . Ayes: Dils, Shaffer, Bartels, Gericke ` Nays: ss ; ° . , Four members of the council being present and having voted "Aye",Mayor Glenn R. Potter declared the motion carried, and'Ordinance No.-2 0 0 2-254 ,was read the first time and discussed and placed'on record. Thereupon, it was moved by Councilperson Shaffer and seconded by Councilperson R o t that the laws and rules providing ' that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that' Ordinance No. 2002-254 be placed on its last reading. . H Ayes: . - - ' . — • _ Nays: None. Absent: Walls i members.of the council being present and having voted "Aye",Mayor Glenn R.Potter declared the motion carried, and Ordinance No. 2002-2 S4 , was then placed on its last , reading and was read the last time. • Thereupon, it was moved by Councilperson Barth 1 s ` and seconded by 'Councilperson . „ D; 1 - that Ordinance ' No. . 2002-254 be placed upon its final passage and adopted. Ayes: Shaffer, Gericke, Di l s a'nd Rari— 1 c Nays: NnnA a1-Sant• WA11c •. members of the council being present and having voted "Aye",Mayor Glenn R. Potter declared the motion carried,and the ordinance was passed and adapted. . • Whereupon, the mayor declared that Ordinance No.2 0 0 0 2-2 5'4 be adopted and signified his approval of same by fixing his signature thereto. ... Passed by the council on the,14th day of August 2002 and approved by the mayor on the 14th day of August 2002. } . LEN -44 // .. N R POTTER,Mayor , Page3of4 , ' S:\Clients\Cities\Tiffin\ORDINANCES\ZONING ORDNANCE\AMIND ADD ADULT ENTERTAINMENf.doc Last printed 08/13/02 11:45 AM .. ' kd R 4 - , TTEST: e / MAR e • &, T B: REIH , ity Clerk • lerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING ORDINANCE NO. 1998-219 (ZONING ORDINANCE). OF THE MUNICIPAL 'CODE OF TIFFIN, IOWA, TO PROVIDE AN ADDITIONAL PERMITTED PRINCIPAL USE AND STRUCTURE TO'AREAS ZONED AS M-1 LIGHT INDUSTRIAL AND TO PROVIDE A- DEFINITION OF ADULT ENTERTAINMENT FACILITIES and known as No2 0 0 2-2 5 4 was duly passed by the council on the 14th day of August 2002, and signed by the mayor on the 1 4 thday of August 2002, and published on the 21 s t day of • August 2002, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa': ' 4 That I posted copies of Ordinance No. 2 0 02-2 5 4 in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin , { MARG •c'; B. REIN 40,-ity Clerk Page 4 of 4 S:\Clients\Cities\Tiffin\ORDINANCES\ZONING ORDINANCE\AMEND ADD ADULT ENTERTAINMENr.doc Last printed 08/13/02 11:45 AM kd