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Home My WebLink About90-196 t • ,7uly 5, 1990 JULY 19, 1990 # g0-172 90-196 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: REGULATE ESTABLISHMENTS/ HIGH-RISK SEXUAL CONDUCT INITIATED BY: HEALTH DIVISION, DEPARTMENT OF COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING ARTICLE V AND CREATING ARTICLE VI OF CHAPTER 15 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO HIGH-RISK SEXUAL CONDUCT AND PENALTIES FOR VIOLA- TIONS OF CHAPTER 15 OF THE CODE WHEREAS, the Common Council for the City of Oshkosh, based on investigation by, and findings of, the City's health officer, finds that there exists within the City of Oshkosh commercial premises, building and structures, or parts thereof, which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease found to be of danger to persons frequenting such premises, buildings, structures or parts thereof and to the public health, safety and welfare of all persons in the community. The public health, safety and welfare of all persons in the community must be protected by the establishment of standards for such premises, buildings, structures or parts thereof, to eliminate the possi- bility of the spread of, or infection by, contagious disease. The sexually transmittable disease of acquired immune deficiency syndrome, currently found to be irreversible and uniformly fatal, is found to be of particular danger to persons in this community. The incidence of this disease is found to occur in discernible populations groups, and the risk factors for obtain- ing or spreading sexually transmitted diseases and the HIV virus which can lead to the development of acquired immune deficiency syndrome and related diseases are associated with high-risk sexual conduct with multiple partners. The commercial premises, buildings, structures or parts thereof, which place persons at risk of infection from these diseases due to their de�ign cr intended use for high-risk sexual conduct, are necessarily sub- ject to regulation and minimal standards for the prevention of the spread of such diseases for the protection of the public health, safety and welfare of the City of Oshkosh. Therefore, The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Article V/Section 15-37 of the Oshkosh Municipal Code pertaining to penalties is renumbered Article VI/Section 15-38. S[1BitiTITiED BY . ��- 13 - A �r�ovEn � JULY 5, 1990 90-172 ORDINANCE t • JULY 19, 1990 90-196 SECTION 2 . That Article V/Section 15-37 of the Oshkosh Municipal Code pertaining to high risk sexual conduct is recreated to read as follows: ARTICLE V. HIGH RISK SEXUAL CONDUCT SECTION 15-37 HIGH RISK SEXUAL CONDUCT ESTABLISHMENTS (A) Definitions As used in this Article: (1) "Booths, stalls, partitioned portions of a room or individual rooms" shall mean such enclosures as are specifically offered to the public or members of that establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure; which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. (a) The phrase "booths, stalls, partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purposes of viewing entertainment for a fee, and which are not open or available to any persons other than owners, managers or employees. (2) "Doors, curtains or portal partitions" shall mean full, complete, nontransparent closure devices through which one cannot see or view the activity taking place within the enclosure. (3) "High risk sexual conduct" shall mean fellatio, anal intercourse, and vaginal intercourse w?th persons who engage in sexual acts in exchange for money. (4) "Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" shall mean either the absence of any "door, curtain or portal parti- tion" , or the presence of a door or other device which is made of clear, transparent material such as glass, plexi- glass or other such material meeting applicable building codes and safety standards, extending from the floor to the top of the door frame, exclusive of the door or device framing itself, so that the activity inside the enclosure may be viewed or seen without obstruction or distortion by persons outside the enclosure. - 14 - . � : JULY 5, 1990 90-172 ORDINANCE JULY 19, 1990 90-196 (B) Building Standards (1) No commercial building, structure, premises or subdivision, partition, portion or part thereof or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct. (2) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any commercial building, structure, premises, or portion or part thereof, which is subject to this Article, which contains: (a) Booths, stalls, or partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate or which allows sexual activity including high risk sexual conduct between persons on either side of the partition. (b) booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of entertainment unless such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that persons in the areas used for viewin� the entertainment are visible without distortion or any obstruction or obscurity from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of any offered entertainment. (3) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any such commercial building, structure, premises, or portion or part thereof, which is subject to this Article, unless: (a) there is conspicuously posted inside each booth, stall, partitioned portion of room or individual room an unmutilated and undefaced sign or poster supplied by the Division of Health which contains information regarding sexually transmitted diseases and the "hotline" telephone numbers from which additional information can be sought; and - 15 - - �, � . JULY 5, 1990 90-172 ORDINANCE . • JULY 19, 1990 90-196 (b) there is conspicuously displayed at a place near the main entrance of the establishment, or portion thereof, any information, brochures, or pamphlets supplied by the Division of Health pertaining to sexually transmitted diseases. (c) The Division shall charge its reasonable costs for supplying such posters, brochures, pamphlets and other information supplied under this Section. (d) Any person who removes, destroys, or defaces such signs or posters, or who destroys or defaces the information, brochures, or pamphlets, supplied by the Division, shall be guilty of a violation of this Article and shall be subject to the penalties set forth in Article VI of this Chapter. (4) TYie standards se�t forth �n this section shaZl r�ot appiy to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses. (C) Enforcement and Applicability It shall be the duty of the health officer or designee(s) to administer and enforce the provisions of this Article. Except as otherwise noted, the provisions of this Article shall apply to all commercial establishments, including existing ones, which offer such entertainment as described in sub. (A) (1) above. (D) Severability If any part of this ordinance, or any application thereof to any person, partnership corporation or other entity, or to any circumstance, is declared to be void, unconstitutional or invalid for any reason, such portion or provision, or the application thereof, shall be severed from this ordinance. The remaining portions and provisions of this ordinance, and all applications thereof shall remain in full force and effect. SECTION 3 . The captions, section headings, and section designations used in this ordinance are intended for convenience of usage only, and shall have no effect on the interpretation of the provisions of this ordinance. SECTION 4 . In the event a part or section of this ordinance is declared void, unconstitutional or invalid, the Common Council declares that portion or proscribed provision, or application thereof, was not an inducement to the enactment of this ordinance. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication. - 16 - • � ' - � � � � � � � � � _...� � ►-� X (L] �.Q Z7 �--� `.G cG � C � r-i O � � ~c+ l�0 l�0 mz .°. '� ,.1°� c�m o 0 —. O � � � l0 � Rl —+ � Z� D �O �O Q. cn �O �I °m rn o o ° � � � N cn cn -v c+ � �� -..-. �-.• � �" �� o tn � � � m �- � � �+ � m cn m w � a Q = c�. �.• r• r• � (L] � CQ � C� �--� 1 � �C7 �-+• N �