Webster Holds Off On Sex Ordinance
July 28, 2016 at 4:25 p.m.
NORTH WEBSTER - Past litigation and the inability to enforce an ordinance already in place in North Webster led the town council to table discussion on the countywide proposal involving sexually oriented businesses.
The Kosciusko County Council passed the amendment to the zoning ordinance in November, and the Kosciusko County Area Plan Commission has asked all member towns to decide whether to support it. The matter was tabled last month in Syracuse and the Pierceton Town Council on Monday voted to back it.
The amendment restricts location of businesses deemed sexually oriented, a designation spelled out in the addendum.
On the advice of town attorney Mike Armey, the North Webster Town Council introduced the proposed ordinance, but did not discuss it.
"The risk to you adopting this is materially greater than other towns," Armey said. "You are in a tougher position than the others because of past litigation."
The town settled in 1995 with Cruiser's Night Club after the establishment's owner, Sam Stimmel, fought a community standards ordinance with the help of the Indiana Civil Liberties Union. Enforcement of the local ordinance would have eliminated erotic dancing - the club's main draw. A consent decree from U.S. District Court for the Northern District of Indiana, South Bend Division, ordered the town to pay $15,000 in legal fees to the ICLU and permanently barred the town from enforcing the ordinance, which was passed in September 1994.
Adoption of this new zoning ordinance would not have an effect on Cruiser's, or any such existing business, except to stop it from expanding.
The matter will be discussed at the January meeting.
In other business, the council:
• Signed an ordinance for the incorporation of the North Shore Utility into town control. The ordinance authorizes execution of the agreement between the town and the utility once the agreement is in final form. A tentative agreement was reached, but some minor changes are necessary, according to Armey.
• Announced that the 1998 budget was approved as submitted and that the tax rate was cut by 10 cents, to $2.65 per $100 of assessed valuation.
• Appointed Tom Quigley to the library board. The four-year term is a renewal of the term that expires Dec. 31.
A meeting was set for 5 p.m. Wednesday to open and award bids for wells at the senior citizen housing site. An end-of-year meeting will be held at 1 p.m. Dec. 29. The next regular meeting is at 7 p.m. Jan. 14. All meetings take place in the town hall. [[In-content Ad]]
NORTH WEBSTER - Past litigation and the inability to enforce an ordinance already in place in North Webster led the town council to table discussion on the countywide proposal involving sexually oriented businesses.
The Kosciusko County Council passed the amendment to the zoning ordinance in November, and the Kosciusko County Area Plan Commission has asked all member towns to decide whether to support it. The matter was tabled last month in Syracuse and the Pierceton Town Council on Monday voted to back it.
The amendment restricts location of businesses deemed sexually oriented, a designation spelled out in the addendum.
On the advice of town attorney Mike Armey, the North Webster Town Council introduced the proposed ordinance, but did not discuss it.
"The risk to you adopting this is materially greater than other towns," Armey said. "You are in a tougher position than the others because of past litigation."
The town settled in 1995 with Cruiser's Night Club after the establishment's owner, Sam Stimmel, fought a community standards ordinance with the help of the Indiana Civil Liberties Union. Enforcement of the local ordinance would have eliminated erotic dancing - the club's main draw. A consent decree from U.S. District Court for the Northern District of Indiana, South Bend Division, ordered the town to pay $15,000 in legal fees to the ICLU and permanently barred the town from enforcing the ordinance, which was passed in September 1994.
Adoption of this new zoning ordinance would not have an effect on Cruiser's, or any such existing business, except to stop it from expanding.
The matter will be discussed at the January meeting.
In other business, the council:
• Signed an ordinance for the incorporation of the North Shore Utility into town control. The ordinance authorizes execution of the agreement between the town and the utility once the agreement is in final form. A tentative agreement was reached, but some minor changes are necessary, according to Armey.
• Announced that the 1998 budget was approved as submitted and that the tax rate was cut by 10 cents, to $2.65 per $100 of assessed valuation.
• Appointed Tom Quigley to the library board. The four-year term is a renewal of the term that expires Dec. 31.
A meeting was set for 5 p.m. Wednesday to open and award bids for wells at the senior citizen housing site. An end-of-year meeting will be held at 1 p.m. Dec. 29. The next regular meeting is at 7 p.m. Jan. 14. All meetings take place in the town hall. [[In-content Ad]]