HomeMy WebLinkAboutO-10-02ORDINANCE NO. 0 10-02
AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
DECLARING A NINETY (90) DAY MORATORIUM ON THE ISSUANCE,
TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR
CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 2.13 of the Charter authorizes the City of Sebastian to enact
emergency ordinances; and
WHEREAS, the Municipal Home Rule Powers Act, Chapter 166.041 (c) of the Florida
Statutes, grants municipalities the statutory ability to enact an emergency ordinance; and
WHEREAS, the Sebastian Police Department made a PowerPoint presentation to the
City Council on May 12, 2010, describing the public health and crime issues relating to the
proliferation and activities of Pain Clinics and Pain Management Clinics which presentation is
incorporated herein by this reference as if transcribed and fully set forth herein; and
WHEREAS, it is appropriate and in the best interest of the City of Sebastian to enact a
moratorium prohibiting the issuance, transfer and renewal of local business tax receipts for
certain Pain Clinics and/or Pain Management Clinics,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. MORATORIUM ON THE ISSUANCE, TRANSFER AND
RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS
AND PAIN MANAGEMENT CLINICS.
a. The foregoing recitations are hereby incorporated as a portion of this
emergency ordinance.
b.
c.
The Sebastian City Council, in the exercise of its legislative discretion, hereby
finds and determines that a public health emergency exists and the immediate
enactment of this emergency ordinance is necessary to forestall the
proliferation of certain Pain Clinics and Pain Management Clinics within the
municipal limits
As of May 12, 2010, no local business tax receipt shall be issued, transferred or
renewed for certain Pain Clinics or Pain Management Clinics as defined
herein.
d.
This moratorium shall expire on August 11, 2010, or upon the effective date of
amendments to the City Code of Ordinances regulating certain Pain Clinics
and Pain Management Clinics if enacted earlier than August 11, 2010.
Section 2. DEFINITIONS, EXCEPTIONS. For the purpose of this emergency
ordinance, the following definitions are used:
(1) "Pain Clinics" or "Pain Management Clinics" defined. The terms Pain
Clinics or Pain Management Clinics are defined as offices or pharmacies
the primary business purposes of which are to prescribe or dispense pain
medication such as opioids including fentanyl, hydrocodone, morphine
and oxycodone, or any controlled substance identified in Schedules II,
III, and IV of Sections 893.03, 893.05 or 893.0355 of the Florida
Statutes.
(2) Exception. The definition of Pain Clinics or Pain Management Clinics
shall specifically exclude clinics or medical practitioners' offices that:
(a) are fully owned by one or more physicians, licensed by the State of
Florida and are board certified in pain management, and
(b) physicians employed by the practice, who spend the preponderance of
their professional time prescribing controlled substances, are also
board certified in pain management.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Emergency Ordinance is invalid or unconstitutional, the
remainder of this Emergency Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the remainder of
this Emergency Ordinance without said invalid or unconstitutional provision, thereby causing
said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Emergency Ordinance will take effect
immediately upon adoption by the City Council.
The Mayor thereupon declared this Emergency Ordinance duly passed and adopted
this 12 day of May, 2010.
The foregoing Emergency Ordinance was moved for adoption by Councilmember
H i l l The motion was seconded by Councilmember Gillmor
upon being put to a vote, the vote was as follows:
ATTEST:
Mayor
Vice Mayor
Councilmember
Councilmember
Councilmember
Richard Gillmor
Jim Hill
Andrea Coy
Eugene Wolff
Don Wright
aye
aye
aye
aye
absent
CITY OF SEBASTIAN, FLORIDA
Approved as to form and legality for
Reliance by the City of Sebastian only:
4a
Robert A. Ginsburg, City A rney
and,