Ordinance 2002-24ORDINANCE NO. 2002-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
SECTION 28.20 OF THE GILROY ZONING ORDINANCE REGARDING
REGULATION OF ADULT BUSINESSES
WHEREAS, the City Council finds that this Zoning Ordinance amendment is necessa~
to protect the health, safety and welfare of the residents of Gilroy; and
WHEREAS, certain Adult Businesses are regulated pursuant to the City of Gilroy's
Zoning Ordinance, a specific category of which is defined in Section 28.10(a)(12) as a business
or commercial establishment entitled a "Sexual Encounter Establishment" that as one of its
primary business purposes, offers for any form of consideration, a place where two or more
persons may congregate, associate, or consort for the purpose of "Specified Sexual Activities,"
or the exposure of "Specified Anatomical Areas," or activities when one or more persons is
"Semi-Nude" or in the "State of Nudity," all as defined in Zoning Ordinance Section 28; and,
WHEREAS, the City Council finds that there are Sexual Encounter Establishments in
other localities, and that there is evidence that such establishments have been found to facilitate
the spread of the HIV Virus (AIDS), Hepatitis B, Syphilis and other Sexually Transmitted
Diseases (STDS), as a result of such sexual activities among patrons; and
WHEREAS, the City Council has a substantial interest in prohibiting activities which
could lead to an increase in incidents of AIDS and STDS in the community; and
WHEREAS, the City Council recognizes the harmful effects on individuals and the
community that can result from the operation of Sexual Encounter Establishments, and thereby
intends to prohibit them in order to protect the health, safety, and welfare of the citizens of
Gilroy; protect the citizens from increased crime; preserve the quality of life; preserve property
values and the character of surrounding neighborhoods and businesses; and deter the spread of
urban blight and protect against the threat to health from the spread of AIDS and STDS; and
WHEREAS, the City Council further finds that nothing in this ordinance amendment is
intended to authorize, legalize, or permit the establishment, operation, or maintenance of any
business, building, or use which violates any City ordinance or any statute of the State of
~JH~565176.1 - 1 -
01-091202-04706002 Ordinance No. 2002-24
California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness,
obscene or harmful matter or the exhibition or public display thereof; and
WHEREAS, the Supreme Court has held that adult businesses such as sexual encounter
establishments are not protected by the First Amendment; and
WHEREAS, the City Council further finds that in prohibiting Sexual Encounter
Establishments, the City Council does not intent to proscribe the communication of erotic
messages or any other protected communicative element or activity; and
WHEREAS, the City Council further finds, as a wholly independent basis, that it has a
substantial public interest in preserving societal order and morality, and that such interest is
furthered by a prohibition on Sexual Encounter Establishments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 28.20 of the Gilroy Zoning Ordinance is hereby amended by adding subsection
28.20(c), which shall read as follows:
"(c)
No Person shall use any premises for a Sexual Encounter Establishment or
operate a Sexual Encounter Establishment in any zoning district of the City."
SECTION II
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
~JH~565176.1 -2-
01-091202-04706002 Ordinance No. 2002-24
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this
21st day of October, 2002, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, and SPRINGER
NONE
VELASCO
Thomas W. Springer, M~y.~
~JH~565176.1 -3-
01-091202.04706002 Ordinance No. 2002-24
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-24 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 21st day of October, 2002, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 5th day of November, 2002.
City Clerk of the City of Gilroy
(Sefl)