HomeMy WebLinkAboutO-10-03ORDINANCE NO. 0-10-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO
THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL
BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN
MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE
CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA that the Code of Ordinances, City of Sebastian, Florida is
hereby amended by adding new sections, to be numbered 30 -80 through 30 -85, which
sections shall read as follows:
Sec. 30 -80 Recitations.
CHAPTER 30 BUSINESSES
ARTICLE IV PAIN CLINIC AND PAIN MANAGEMENT CLINICS
Section 1. REGULATIONS RELATING TO PAIN CLINICS AND PAIN
MANAGEMENT CLINICS.
(1) The Sebastian Police Department made a PowerPoint presentation to the
City Council on May 12, 2010, describing the public health and crime
issues relatingto 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
(2) It is appropriate and in the best interest of the City of Sebastian to enact an
Ordinance prohibiting the issuance, duplication, transfer and renewal of
local business tax receipts for certain Pain Clinics and Pain Management
Clinics.
Sec. 30 -81 Application of Chapter 30, Article II.
Amended
The provisions of Chapter 30, Article II of the code, with the specific exception of
Section 30 -46 (Penalty for violation of article), are applicable to this Article IV.
Sec. 30 -82 Legislative Finding.
The Sebastian City Council, in the exercise of its legislative discretion, hereby
finds and determines that a public health emergency exists and the enactment of
this Ordinance is necessary to forestall the proliferation and activities of certain
Pain Clinics and Pain Management Clinics within the municipal limits.
Sec. 30 -83 Prohibition.
(1) No local business tax receipt shall be issued, duplicated, transferred or
renewed for certain pain clinics or pain management clinics as defined
herein.
(2) No person, firm or corporation shall apply for a City of Sebastian business
license, or the duplication, transfer or renewal thereof, for the purpose of
establishing or operating a Pain Clinic or Pain Management Clinic as
defined herein.
(3)
No person, firm or corporation shall use a City of Sebastian business
license receipt for the purpose of establishing or operating a Pain Clinic or
Pain Management Clinic as defined herein.
Sec. 30 -84 Defmitions, Exceptions. For the purpose of this 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 privately owned
clinics, facilities or offices 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, as the same may be amended or
renumbered from time to time.
(2) Exception. The definition of Pain Clinics or Pain Management Clinics
shall specifically exclude clinics, facilities or medical practitioners' offices
that:
(a) are fully owned by one or more physicians, licensed by the State of
Florida and who are board certified in pain management, and
(b) where all physicians employed by the practice, who spend the
preponderance of their professional time prescribing controlled
substances, are also board certified in pain management.
June
Sally A.
City Clerk
Sec. 30 -85 Fines and Penalties.
(1)
(2) The City is authorized to seek temporary or permanent injunctive relief to
restrain or prohibit any violation of this Article.
(3) Any occupational license may be revoked by the City Council upon proof
of willful violation of this Article.
Section 2. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of this 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 Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance will take effect immediately upon
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Council Member Hill
The motion was seconded by Council Member coy and upon being put to a
vote, the vote was as follows:
Mayor Richard Gillmor aye
Vice Mayor Jim Hill aye
Council Member Andrea Coy aye
Council Member Eugene Wolff aye
Council Member Don Wright aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of
aio, MMC
Approved as to form and legality for
reli a ce by the City of Sebastian:
l
Robert A. Ginsburg
City Attorney
Violations of any of the provisions of this Article shall be punishable as
provided in Section 1 -10 of this code.
Richard Gillmor, Mayor