AP?H()·,./r::D BY ORANGE rOUNT( BO~~~ OF COUNTY CO!J:'.f,:,:::"::i~C:(S JlJN 2 'l 20U6 'lk \/ I " --~~"-~"'·"''''!~f~H· LI,':Er'Tli fr:: f\ ,~, Oi"": EII V V.:.- U·;"''.l, 1 g,..-

June 29 2006 --,.....~~ ...... ,.... ~ ...... ,....:.- ORDINANCE NO. 2006- 09

AN ORDINANCE AlVIENDING THE ORANGE COUNTY ADULT ENTERTAINMENT CODE, CODIFIED AT CHAPTER 3 OF THE ORANGE COUNTY CODE, BY AMENDING SECTION 3-6 ("DEFINITIONS"); AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Board of County Commissioners ("Board") has previously considered testimony and documents regarding the operation and negative effects of aduIt entertainment establishments at numerous public hearings regarding amendments to the Orange County AduIt Entertainment Code and at hearings from Board ofZoning Adjustment decisions pertaining to adult entertainment establishments, which evidence are maintained as official records ofOrange County, Florida; and

WHEREAS, Orange County has a substantial interest in preserving the quality and character of neighborhoods and properties by preventing such negative effects as neighborhood blight, crime, and lower property values; and

WHEREAS, the Board considered studies from other jurisdictions pertaining to adult entertainment establishments that were previously accepted into the record at hearings before the Board, and found that aduIt entertainment establishments cause negative secondary impacts to nearby properties and neighborhoods, including criminal activity, litter, noise, traffic problems and depreciation in property values; and

WHEREAS, the Board has relied upon actuallocal experience relating to adverse secondary effects caused by aduIt entertainment establishments existing in Orange County as weIl as those studies from other areas; and

WHEREAS, the Board finds that certain amendments to the AduIt Entertainment Code will assist or will be helpful in clarifying and interpreting the Board's intent of regulating adult entertainment establishments in areasonable, effective, and constitutional mannerpursuant to all the evidence previously submitted to and considered by the Board at this hearing and prior public hearings;and

WHEREAS, the Board has previously found and reaffirms that adverse secondary effects on the community resuIt from establishments where workers engage in specified sexual activity for profit.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF ORANGE COUNTY, FLORIDA: Seetion 1. Amelldmellt to Seetioll 3-6. Section 3-6 ("Definitions") is amendcd by revising the definition of "specified sexual activity" to read as follows, with underlines showing additions and strike-throughs indicating deletions:

Specijied sexual activity sh all mean:

(1) Human genitaIs In a state of sexuaI stimulation, arousal or tumeseenee; or

(2) Acts of human , bestiahty, buggery, cunnihngus, coprophagy, , , flagellation, masochism, , necrophiha, pederasty, , sadism, , sapphism, sexuaI intereourse, sodomy, urolagnia or zooerasty; or

(3) Fondling, stroking or rubbing et ethe! e!otic tottching of human genitals, pttbic I egien, btttteck, or anus OI female bteast; or

(4) Exeretory functions as part of or in eonnection with any of the activities set forth in subsections (1) though (3).

In all other respects, Section 3-6 sh all remain unchanged.

Seetion2. Effeetive date. This ordinance shall become effective pursuant to general law.

ADOPTED THIS 27 th DAY OF JUNE, 2006.

ATTEST: Martha O. Haynie, County Comptroller As Clerk of the a of County Commissioners

S:VPrinseI1\ORDRES\AdultEnt-2006 rev lbl.wpd (06/27/06)

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