HomeMy WebLinkAboutRES-2016-040 Resolution amending Chapter 8 to the Orange County Code of Ordinances – Sexually Oriented RES-2016-040
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 8 OF THE ORANGE COUNTY CODE
OF ORDINANCES
Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina:
WHEREAS, the State of North Carolina authorizes counties to regulate sexually oriented
businesses through North Carolina General Statutes 153A-121, 153A-134, and 160A-181.1; and
WHEREAS, the Board of Commissioners of Orange County specifically finds that the operation of
sexually oriented business has unsafe secondary impacts on the health, life, safety, and welfare of
individuals and the community in which the sexually oriented business is located, which may
include increases in crime rates, decreases in the property values of neighboring properties, and
disturbances of the peace; and
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that
operators, contractors, and employees of sexually oriented businesses comply with reasonable
regulations and to ensure that operators do not allow their establishments to be used improperly or
as places of illegal activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses, because
of their nature, have a deleterious effect on existing uses, including but not limited to businesses,
schools, daycare facilities, religious institutions, parks, and rural fire departments around them and
the surrounding residential areas adjacent to them, causing increased crime and the downgrading
of property values; and
WHEREAS, tourism is an important aspect of the local economy that would be negatively affected
by increased crime and downgraded quality of life resulting from the adverse effects of sexually
oriented businesses; and
WHEREAS, the Board of Commissioners desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of the citizenry, protect the citizens and residents
from increased crime; preserve the quality of life, preserve the property values and character of
surrounding neighborhoods; and
WHEREAS, the Board of Commissioners has determined that locational criteria alone do not
adequately protect the health, safety, and general welfare of the people of Orange County; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the
First Amendment, but to enact a content neutral ordinance which addresses the secondary effects
of sexually oriented businesses; and
WHEREAS, in order to protect the health, life, safety, and welfare of individuals engaged in the
operations of sexually oriented businesses and that of individuals living, working, or otherwise
engaged in activities in and around areas in which sexually oriented businesses are located and to
mitigate the adverse effects of such businesses it is appropriate to establish regulations for the
licensing and operations of sexually oriented businesses.
NOW THEREFORE BE IT RESOLVED AND ORDAINED, that the Code of Ordinances, Orange
County, North Carolina, Chapter 8, is hereby amended by adding sections to be numbered 8-90---
8-102, which sections read as shown in the attached revised ordinance to regulate the licensing
and operations of sexually oriented businesses in Orange County.
This Amendment shall become effective upon adoption.
Adopted by the Orange County Board of Commissioners this 17 day of , 2016.
By: Attest:
Earl McKee,McKee, Chair Donna BalMr, dlerk to the Board
Orange County Board of Commissioners
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