It is the purpose and intent of Sections 24.19.010 through 24.19.040 of the La Mesa Municipal Code to regulate the location of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

A.

Adult businesses, as defined in Chapter 7.10, Section 7.10.020 of this code, shall be:

1.

Located exclusively in the C, M and CM zones;

2.

Distanced five hundred feet from any residentially zoned property which includes the city's R1, R1E, R1R, R1S, R1A, R2, R3, and RB zones. The distance between the adult use and the residentially zoned property shall be measured from the closest exterior wall of the adult use and the nearest property line included within the residential zone, along a straight line extended between the two points, without regard to intervening structures, subject to subsection (A)(4) of this section;

3.

Distanced five hundred feet from a school, church or a park, as those terms are defined in Section 24.01.100. The distance between the adult use and the school, church or park shall be measured from the closest exterior wall of the adult use and the nearest property line of the school, church or park, along a straight line extended between the two points, without regard to intervening structures, subject to subsection (A)(4) of this section;

4.

The I-8 Freeway and Fletcher Parkway provide a sufficient buffer between adult businesses and sensitive uses such that a sensitive use on one side of the I-8 Freeway or Fletcher Parkway shall not disqualify a property on the other side of either arterial roadway, even if the minimum distance set forth in subsection (A)(2) or (A)(3) of this section is not met; and

5.

Distanced five hundred feet from any other adult business, as defined in Chapter 7.10, Section 7.10.020 of this code. The distance between adult businesses shall be measured from the closest exterior wall of each adult use along a straight line extended between the two points, without regard to intervening structures.

B.

Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of Section 24.19.030 of this chapter.

C.

The requirements of subsections A and B of this section shall be in addition to any other relevant provisions of this code.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

A.

Any person operating or causing the operation of an adult business in any parcel where no application for an adult business regulatory permit under Chapter 7.10 has been filed or granted, or any person violating or causing the violation of any of the locational provisions regulating adult businesses, shall be subject to permit revocation/suspension pursuant to Section 7.10.070, a fine of not more than one thousand dollars pursuant to Government Code Sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

B.

In addition to the remedies set forth in Chapter 7.10, any violation of any of the locational provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

C.

The restrictions imposed pursuant to this section constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the La Mesa Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities.

(Ord. 2008-2789 § 4 (part); April 8, 2008)

If any section, subsection, paragraph, sentence, clause, or phrase of these sections and the ordinance to which they are a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted these sections and the ordinance to which they are a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. 2008-2789 § 4 (part); April 8, 2008)