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  News 04/07/03

Hyrum's new law governs sexually oriented businesses

By Kelly Dunn

HYRUM -- An increase in sexually transmitted diseases (STDs), criminal activity and prostitution were all discussed in association with a new ordinance passed at the Hyrum City Council meeting Thursday.

The ordinance will allow sexually oriented businesses the opportunity to open an establishment in Hyrum. For such businesses to be permitted, two parts have to be addressed, said Mayor Gordon Olson. The two parts include changing the zoning area, and passing an ordinance.

Councilman Doug Stipes has been in charge of studying and planning the new ordinance for the community since June, 1999. From the studies, Stipes said in areas where sexually oriented businesses are built, there is a shown increase in criminal activity, sexually transmitted disease and unlawfully sexual activity, including prostitution.

Olson said there is no way Hyrum can pass an ordinance that does not allow sexually oriented businesses to be built in Hyrum, that would be unconstitutional, but Hyrum can establish restrictions.

"The difficulty we have to deal is there is a balancing act. We have to provide for the expressions of free speech," said Stipes. "At the same token, we have to be able to provide for the protection of the health, safety and welfare."

In making restrictions on sexually oriented businesses, Stipes said, there are definite and defined purposes of why Hyrum is doing this. One, is to protect the content of speech and two, to protect the citizens from the harmful effect that comes from such businesses by balancing the scales and putting time, place, and manner regulations on them.

Stipes said Hyrum's ordinance is the most restrictive ordinance that he has read so far. Some of the restriction that will be implemented in the new ordinance include: no sexually oriented business will be allowed in a area that is closer than 1,000 feet from a church and school, 2,000 feet from a park or recreation area, and 500 feet from a residential area.

The new ordinance also addressed restrictions on sexually oriented businesses by not allowing viewing rooms and/or booths, and massage parlors. No business will be allowed to have flashing lights, colors that are not neutral on the inside and outside, will not be able to serve alcohol, and will only be allowed to operate from the hours of 4 p.m. to midnight.

Hyrum is in no way condoning, encouraging or desiring to have such businesses in the community, but is trying to protect the city if one is built in Hyrum, said Stipes.

 

 



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