HomeMy WebLinkAboutOrdinance No. 98-09 ORDINANCE NO. 9 8-9
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
FRIENDSWOOD, TEXAS, BY ADDING TO CHAPTER 6 THEREOF A NEW
ARTICLE II, PROHIBITING NUDITY IN COMMERCIAL ESTABLISHMENTS
LOCATED WITHIN THE CITY LIMITS OF THE CITY OF FRIENDSWOOD, TEXAS,
AT WHICH ALCOHOLIC BEVERAGES ARE SERVED, OFFERED FOR SALE FOR
CONSUMPTION ON SUCH PREMISES, OR AT WHICH THE CONSUMPTION OF
ALCOHOL IS PERMITTED; SETTING OUT PROHIBITED ACTIVITIES; DEFINING
PROHIBITED NUDITY; PROVIDING A PENALTY IN AN AMOUNT NOT TO
EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR REPEAL OF ANY
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
* * * * * * * *
WHEREAS, the City Council of the City of Friendswood, Texas, finds that there is an
increasing commercial exploitation of human sexuality by owners and operators of commercial
establishments within the City of Friendswood where alcoholic beverages are served or offered
for sale for consumption on the premises, or where alcoholic beverages are permitted to be
consumed; and,
WHEREAS, such exploitation takes place in the form of employing or permitting persons
to perform or exhibit their nude or seminude bodies to other persons as an inducement to such
other persons to purchase alcoholic beverages or to consume alcoholic beverages while on the
premises; and,
WHEREAS, such exploitation is often accompanied by serious and dangerous criminal
activity, such as the possession or use of controlled substances, the proliferation of drug-related
activity,prostitution, disorderly conduct, assaults, and the like; and,
COS�Nudity.Ord\03/24/98
WHEREAS,the direct result of such exploitation in the context of the location where it is
permitted threatens the preservation of property values of adjoining and adjacent properties and
� neighborhoods; and,
WHEREAS, the direct result of such exploitation is the moral degradation and
disturbances of the peace and good order of the community; and,
WHEREAS, such commercial exploitation of such nude and seminude acts are adverse to
the public's interest and the quality of life, tone of commerce, and total community environment
in the City of Friendswood; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by adding a new Article II to Chapter 6 to be entitled "Prohibition of Nudity in
Commercial Establishments Serving or Permitting the Consumption of Alcoholic Beverages,"
such new Article II to provide as follows:
"Article II. Prohibition of Nudity in Commercial
Establishments Serving or Permitting the
Consumption of Alcoholic Beverages.
Sec. 6-7. Purpose.
The purpose of this ordinance is to prohibit certain acts of commercial
exploitation of human sexuality in commercial establishments within the city
limits of the City of Friendswood, Texas, where alcoholic beverages are served,
offered for sale for consumption on the premises, or permitted to be consumed on
the premises, and to reduce the likelihood of criminal activity, moral degradation
and disturbances of the peace and good order of the community, to prohibit lewd
and unlawful activity, such as prostitution and the proliferation of controlled
substances, all of which may occur when such commercial exploitation is
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permitted in such places, and to promote the preservation of property values of
neighborhoods and adjacent properties.
Sec. 6-8. Prohibition.
(a) It shall be unlawful for any person maintaining, owning, or operating
a commercial establishment located within the boundaries of the City of
Friendswood, Texas, at which alcoholic beverages are served or offered for sale
for consumption on the premises, or at which alcoholic beverages are permitted to
be consumed:
(1) To suffer or permit any female person, while on the premises of said
commercial establishment, to expose that area of the human female
breast at or below the top of the areola thereof;
(2) To suffer or permit any female person, while on the premises of said
commercial establishment, to use any device or covering which is
intended to give the appearance of or simulate such portions of the
human female breasts as described in 6-8 (b)hereof;
(3) To suffer or permit any person, while on the premises of said
commercial establishment, to expose his or her genitals, pubic area,
buttocks, anus or anal cleft or cleavage;
(4) To suffer or permit any person, while on the premises of said
commercial establishment, to use any device or covering which is
intended to give the appearance of or simulate the genitals, pubic
area, buttocks, anus, anal cleft, or cleavage.
(b) It shall be unlawful for any female person, while on the premises of a
commercial establishment located within the boundaries of the City of
Friendswood, at which alcoholic beverages are served or offered for sale for
consumption on the premises, or at which alcoholic beverages are permitted to be
� consumed, to expose that area of the human female breast at or below the top of
the areola thereof, or to use any device or covering which is intended to give the
appearance or simulate such areas of the female breast as described herein.
(c) It shall be unlawful for any person, while on the premises of a
commercial establishment located within the boundaries of the City of
Friendswood, at which alcoholic beverages are served or offered for sale for
consumption on the premises, or at which alcoholic beverages are permitted to be
consumed, to expose his or her genitals, pubic area, buttocks, anus, or anal cleft or
cleavage, or to use any device or covering which is intended to give the
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appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or
cleavage.
Sec. 6-9. Penalties.
Any violation of the provisions of this Article shall be subject to the general
� penalties applicable for such violations as the same are set out in Sec. 6-5 and 1-
14 of the Code of Ordinances of the City of Friendswood.
Sec. 6-10. Injunctive Relief.
The City Attorney is and shall be hereby authorized to seek compliance with this
ordinance by seeking injunctive relief in a court of proper jurisdiction to compel
the operator, owner, or other violator of this ordinance as the same shall be
established, to comply with the terms and provisions thereof. The ability of the
City to seek injunctive relief hereunder shall not be subject to, nor shall it be a
prerequisite thereof, that the City has sought compliance with this ordinance by
application of penalties and sanctions as otherwise set out in this ordinance."
Section 2. All ordinances or parts of ordinances inconsistent or in conflict herewith, are,
to the extent of such inconsistency or conflict,hereby repealed.
Section 3. That in the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstance shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood,
Texas, declares that it would have passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, whether there be one or
more parts.
Section 4. This ordinance shall be in full force and effect immediately upon and after its
final passage and publication as required by law.
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PASSED AND APPROVED on this first reading this 6th day of Anril , 1998.
PASSED, APPROVED, and ADOPTED on second and final reading this 2 0 thiay of
April , 1998.
Harold L. Whitaker
Mayor
ATTEST
.
�
Deloris McKenzie, T C
' City Secretary
r2otion 1'.".el Austin
2nd -2"_el z�easeles
A�proved-Unanimousl_y
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