HomeMy WebLinkAboutOrdinance 2473 N.C.S. 09/16/20131
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EFFECTIVE DATE
OF ORDINANCE
October 17, 2013
Introduced by
Kathy Miller
ORDINANCE NO. 2473 N.C.S.
Seconded by
Gabe Kearney
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 8.38, "MASSAGE ESTABLISHMENTS AND MASSAGE
PROFESSIONALS" TO THE CITY OF PETALUMA MUNICIPAL CODE
WHEREAS, this chapter is intended to provide for the orderly regulation of persons and
establishments engaged in massage therapy, while recognizing the practice of massage
therapy as a valid professional field; and,
WHEREAS, in September 2008, the State of California adopted Senate Bill 731 (SB 731)
codified in Business and Professions Code §§ 4600 et seq., creating a voluntary certification
program for massage professionals who meet certain educational requirements; and,
WHEREAS, the California Massage Therapy Council ("CAMTC") began issuing certificates
on September 1, 2009; and;
WHEREAS, qualified applicants that receive a certificate from the CAMTC and massage
establishment applicants that employ only massage professionals who have received
certificates from the CAMTC are entitled to practice massage therapy throughout the State
without having to comply with certain local government regulation not applicable to other
types of licensed professional services practitioners; and,
WHEREAS, certain massage professionals within the City of Petaluma have obtained
massage therapy education from approved schools and have maintained massage practices
within the City for two years or more, but have not obtained certification from the CAMTC, unless
otherwise exempted by this ordinance; and,
WHEREAS, by enacting Chapter 8.38, the City Council does not intend to regulate any
area preempted by state law, including but not limited to, Chapter 10.5 (commencing with
Section 4600 ) of Division 2 of the California Business and Professions Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Chapter 8.38, "Massage Establishments and Massage Professionals" is hereby added
to the Petaluma Municipal Code, to read in full as follows:
Ordinance No. 2473 N.C.S.
Page 1
Chapter 8.38 MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS
8.38.010 Purpose and intent.
It is the purpose and intent of the city council that the operation of massage establishments and
massage professionals as defined in this chapter should be regulated so as to further the public
interest, safety, and welfare by establishing minimum building, sanitation, and health standards
for massage establishments and minimum qualifications for massage professionals consistent
with applicable law, including existing authority for local regulation of massage establishments
and professionals.
8.38.020 Definitions.
For the purpose of this chapter, the following words and phrases shall mean or include:
A. "Approved school" means an approved school as defined in California Business and
Professions Code section 4600(a).
B. "California Massage Therapy Council' or "CAMTC means the non-profit organization
created pursuant to Chapter 10.5 of the Business and Professions Code and/or any
subsequent amendment or superseding statute, and/or any successor organization.
C. "CAMTC certificate" means a certificate, or conditional certificate, issued by the CAMTC to
Massage Therapists, pursuant to California Business and Professions Code Section 4601 (c),
and/or to Massage Practitioners pursuant to subdivision 4601 (b), or 4604(a), or 4604(c),
and/or certificates issued pursuant to Chapter 10.5 of the Business and Professions Code.
When used in this chapter, "CAMTC certification" means having a valid CAMTC certificate.
D. "Certified massage establishment" means a massage establishment that employs or uses
only massage professionals with CAMTC certification to perform massage services. Unless
otherwise stated, "certified massage establishment" includes certified sole proprietorships.
E. "Certified sole proprietorship" means a sole proprietorship where the owner has received
CAMTC certification and is the only provider of massage services for that business.
F. "Fee" means the amount applicants for new or renewed massage permits are required to
pay in accordance with section 8,38.090.
G. "Health officer" means the health officer of Sonoma County or his/her authorized
representative.
H. "Implementing Zoning Ordinance" means city ordinance no. 2300 N.C.S
I. "Massage" means the method of treating the superficial parts of the body, excluding
specified anatomical areas, for medical or hygienic purposes, and not for purposes of
offering, engaging in or permitting specified sexual activities, by rubbing, pressing, stroking,
kneading, tapping, pounding, vibrating, or stimulating with the hands or other parts of the
body, with or without the aid of any mechanical or electrical apparatus or appliance
commonly used in the practice of massage, and with or without supplementary aids such as
rubbing alcohol, oils, powders, creams, lotions, ointment, or other similar preparations
commonly used in the practice of massage. Massage includes such manipulation of the
Ordinance No. 2473 N.C.S. Page 2
body or similar procedures described in this paragraph that are performed in hydrotherapy,
spa or similar bath facilities.
J. "Massage establishment" means a business conducted by any individual, firm, association,
partnership, corporation or combination of individuals that provides or offers massage in
exchange for money or other consideration.
K. "Massage professional" means any person who administers massage to another person, for
any form of consideration or pecuniary compensation.
L. "Massage permit" means authorization issued in accordance with this chapter to massage
professionals practicing in the city that meet the requirements of section 8.38.060.
M. "Permit administrator" means the police chief of the city, his/her designee, or any other
person designated by the city manager to issue massage permits and enforce the
regulations contained in this chapter,
N. "Permitted massage establishment" means a message establishment, including sole
proprietorships, where not all the massage professionals have CAMTC certification, and
where all those massage professionals that lack CAMTC certification have a valid massage
permit issued in accordance with this chapter.
O. "Specified sexual activities" means any of the following:
Erotic touching or fondling of the body, including, but not limited to, erotic touching or
fondling of a specified anatomical area.
2. Sex acts, actual or simulated including but not limited to intercourse, oral copulation,
masturbation or sodomy.
3. Excretory functions as part of or in connection with the activities specified in this section.
8.38.030 Exemptions.
The provisions of this chapter shall not apply to the establishments and individuals listed below
while engaged in the performance of the duties of their respective licensed or certificated
professions:
A. Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly
licensed to practice their respective professions in the state.
B. Hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice
in the healing arts under the laws of the State of California, or persons working under the,
direction of any such persons or in any such establishments.
C. Barbers, cosmetologists, and manicurists who are duly licensed under the laws of the state,
except that this exemption shall apply solely to the massaging of the neck, face, scalp, hair,
hands or feet of the customer or client.
D, Teachers or students enrolled in a school, as defined in the Implementing Zoning Ordinance,
and participating in the teaching and/or administration of massage by authorized school
Ordinance No. 2473 N.C.S. Page 3
employees in conjunction with athletic programs, training in the healing arts or other school
courses.
8.38.040 Obligation to apply for massage permit or provide CAMTC certificates within 120 days -
grace period.
Within one hundred and twenty (120) days of the effective date of this chapter, massage
professionals and massage establishments in operation in the city that are subject to the
requirements of this chapter must apply for massage permit(s) required by this chapter or
provide to the permit administrator copies of valid CAMTC certificates as required by this
chapter. Massage professionals and massage establishments that are subject to the
requirements of this chapter, that have a current city business license, and that have submitted
a complete massage permit application in accordance with this chapter may continue
operation while the massage permit application is processed. All massage professionals and
massage establishments that are subject to the requirements of this chapter, and that are in
operation in the city one hundred and twenty one (121) days or more after the effective date of
this chapter must have a current city business license, and must have provided valid CAMTC
certificates or applied for a massage permit in accordance with this chapter, or be subject to
penalties specified in this chapter and other applicable laws.
8.38.050 Massage professionals — massage permit or copy of CAMTC certification and city
business license requirements.
A. Except as provided in section 8.38.040, it is unlawful for any massage professional subject to
the requirements of this chapter to provide massage services or practice massage within the
city without a valid, unexpired and unrevoked massage permit issued by the permit
administrator or a valid, unexpired and unrevoked CAMTC certificate. Except for massage
professionals practicing massage only as an employee of a massage establishment, it is also
unlawful for any massage professional subject to the requirements of this chapter to provide
massage services or practice massage within the city without a current city business license
in accordance with Chapter 6.01 of this code.
8.30.060 Massage permit application requirements
Massage permit applications must be submitted using forms provided by the permit
administrator and include the following:
A. The applicant's full name, all other names the applicant uses or has used, the applicant's
residential address, and residence telephone number;
B. The name and address of the massage establishment where the applicant is to be
employed and the name of the massage establishment owner;
C. The names and addresses of any and all previous establishments where the applicant has
been employed as a massage professional, including evidence of continuous practice of
massage therapy in the city since January 1, 2010;
D. A portrait photograph of the applicant at least two inches by two inches, together with a
complete set of the applicant's fingerprints which shall be taken by the permit administrator
or his/her agent;
E. Written proof that the applicant is over the age of eighteen years;
Ordinance No. 2473 N.C.S. Page 4
F. A signed affidavit that the applicant is not aware of having any contagious and/or
communicable disease capable of being transmitted through the performance of massage;
G. A copy of a diploma, certificate of graduation or transcripts of course work from an
approved school showing satisfactory completion of one hundred hours (100) or more of
non -repetitive curriculum, with a passing grade or better in health theory, health care,
anatomy, physiology, psychology, biomechanics, or kinesiology or similar curriculum.
H. A statement signed by the owner or operator of a massage establishment indicating an
intent to employ the applicant as a massage professional (unless the applicant is the
massage establishment owner or operator);
Each conviction, and each plea of guilty, or noto contendere for violation of any of the
following sections of the California Penal Code:
1. 366(i) (pandering);
2. 315 (keeping or residing in a house of ill fame);
3. 316 (keeping a disorderly house or lets any premises knowing that it is to be used for the
purpose of assignation or prostitution);
4. 318 (prevailing on a person to visit a place of prostitution);
5. Subdivision (a) of Section 647 (lewd conduct);
6. Subdivision (b) of Section 647 (disorderly conduct by soliciting or engaging in
prostitution);
J. Each conviction, and each plea of guilty or nolo contendere for felony offenses involving the
sale of controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the
California Health and Safety Code;
K. Each conviction, and each plea of guilty or nolo contendere for misdemeanor or felony
offenses that relate directly to the practice of massage;
L. Each conviction, and each plea of guilty or nolo contendere for a felony, the commission of
which occurred on the premises of a massage establishment, or in the course of massage;
M. Each conviction, and each plea of guilty or noto contendere for an offense involving the use
of force and violence upon the person of another or for an offense involving the theft of
property;
N. Each conviction, and each plea of guilty or note contendere for attempt or conspiracy to
commit any of the offenses listed in this section;
O. Each conviction, and each plea of guilty or nolo contendere for offenses committed in a
jurisdiction outside of the State of California, which if committed within the State of
California, would fall within one of the offenses listed in this section;
P. Whether the applicant is required to register under provisions of Section 290 of the California
Penal Code (registration as a sex offender);
Ordinance No. 2473 N.C.S. Page 5
Q. Whether the applicant, or a former employer of the applicant while so employed, or a
building in which the applicant was so employed, was ever subjected to an abatement
proceeding under Sections 11225 through 11235 (Red Light Abatement Act) of the California
Penal Code, or any similar provisions of law in a jurisdiction outside the State of California;
and
R. Whether any permit to engage in the practice of massage as a massage professional or
otherwise has previously been denied applicant or revoked, and, if so, the circumstances of
the denial or revocation.
8.38.070 Certified massage establishment and certified sole proprietorship requirements.
A. For massage establishments providing massage services within the city to qualify as certified
massage establishments in accordance with this chapter, the owner or operator of the
massage establishment must provide to the permit administrator copies of valid, unexpired,
unrevoked CAMTC certificates for each person the massage establishment will employ or
contract with for purposes of performing massage, and a copy of the owner or operator's
valid, unexpired and unrevoked CAMTC certificate, if applicable, when applying for a city
business license. For massage establishments providing massage services within the city to
qualify as certified sole proprietorships in accordance with this chapter, the owner or
operator of the massage establishment must provide to the permit administrator a copy of
his or her valid, unexpired and unrevoked CAMTC certificate when applying for a city
business license. Owners and operators of message, establishments providing massage
services within the city must verify that the establishment meets the requirements for a
certified massage establishment in accordance with this chapter by completing the city
form provided by the permit administrator for that purpose.
B. For massage establishments providing massage services within the city to qualify as certified
massage establishments in accordance with this chapter, owners and operators who own
five (5) percent or more of the massage establishment and that do not have valid,
unexpired and unrevoked CAMTC certificates must also provide the following background
information:
1. For owners or operators that are corporations, the names and residence addresses of
each of the officers and directors of the corporation and of each stockholder owning
more than five percent of the stock of the corporation.
2. For owners or operators that are partnerships, the names and residence addresses of
each of the partners, including limited partners.
3. All previous residential addresses (if any) for the five years immediately prior to the
present address of owners or operators;
4. Written proof that individual or partnership owners or operators are over the age of
eighteen years;
5. For sole proprietorships or partnership owners or operators, the height, weight, color of
eyes and hair, and sex of each proprietor or partner;
6. Two portrait photographs at least two inches by two inches for each owner or operator;
Ordinance No. 2473 N.C.S. Page 6
7. Business, occupation, or employment of the owner or operator for the preceding five
years;
8. The owner or operator massage or similar business history, including, but not limited to,
whether or not such person, in previously operating in the city or another city or State
under permit, has had such permit revoked or suspended and the reason, and the owner
or operator's business activity or occupation subsequent to the suspension or revocation;
10. The name and address of the owner and lessor of the real property upon which the
massage establishment will be operated and a copy of the lease or rental agreement;
11. The information required by subsections 8.38.050.(1) through 8.38.050.(R) above for each
owner and operator; and
10. Such other identification and information necessary to discover the truth of the required
background information, including fingerprints and additional photographs of any owner
or operator.
C. Upon receipt of completed applications, the permit administrator will review applications for
compliance of the establishment with applicable codes and regulations administered by the
city police department, and as appropriate refer applications for review by other
departments such as the building, fire, and development departments for review of
application materials, inspection of the premises, and other appropriate review to determine
compliance of the establishment with applicable codes and regulations.
8.38.080 Permitted massage establishment requirements
A. It is unlawful for any owner or operator of a massage establishment, except for owners and
operators of massage establishments that qualify as certified massage establishments in
accordance with section 8.38.070, to provide or permit to be provided massage services
within the city unless the massage establishment qualifies as a permitted massage
establishment in accordance with this section.
B. For massage establishments providing massage services within the city to qualify as
permitted massage establishments, each person the massage establishment will employ or
contract with for purposes of performing massage, and the owner or operator, if applicable,
that does not have a valid, unexpired, unrevoked CAMTC certificate must have a valid,
unexpired, unrevoked massage permit issued in accordance with section 8.38.100 when
applying for a city business license. Owners and operators of message establishments
providing massage services within the city must verify that the establishment meets the
requirements for a permitted massage establishment in accordance with this section by
completing the city form provided by the permit administrator for that purpose.
C. For massage establishments that are providing massage services within the city to qualify as
permitted massage establishments in accordance with this section, owners and operators of
the massage establishment that do not have valid, unrevoked CAMTC certificates must
provide the background information specified in section 8.38.060fC).
8.38.090 fee required.
All applications for a massage permit must be accompanied by payment of the applicable fee
established pursuant to this chapter, no part of which shall be refundable. The fee will be
Ordinance No. 2473 N.C.S. Page 7
established from time to time by resolution of the city council and include amounts intended to
cover the city's costs of: processing, investigation, issuance, renewal, inspection, enforcement
and administration of the permit requirements contained in this chapter, including but not
limited to, city staff time and costs and attorney's fees and costs.
8.38.100 Issuance or denial of massage permits.
The permit administrator will issue a massage permit if upon investigation and the reports filed it is
found:
A. Neither the applicant, nor any person or entity subject to investigation in connection with the
application pursuant to Section 8.38.060 has been convicted, pled guilty, or pled nolo
contendere in a court of competent jurisdiction to any offense listed in Section 8.38.060,
subdivisions (I) - (0), and is not required to register as a sex offender; and
B. Neither the applicant, including applicant as a member of a corporation or partnership, nor
a former employer of the applicant while so employed, has ever been subjected to an
abatement proceeding under Sections 11225 through 11235 (Red Light Abatement Act) of
the California Penal Code or any similar provisions of law in a jurisdiction outside the State of
California; and
C. The applicant has not had any massage establishment, massage professional license or
permit that was issued within the State of California, revoked; and
D. The applicant possesses the educational requirements set forth in Section 8.38.050,
subdivision (G); and
E. The operation, as proposed by the applicant, if permitted, would comply with all applicable
laws, including, but not limited to, the ciiy's building, zoning, and health regulations.
F. The applicant complies with all provisions of this chapter including the affidavit requirement
in section 8.36.060, subdivision (F); and
G. The applicant has made no false, misleading, or fraudulent statement in the permit
application or any other document required by the city in conjunction therewith.
Otherwise, the permit will be denied. Notification of and reason(s) for massage permit denial will
be sent to the applicant by mail.
8.38.110 Renewal of massage permit; renewal fee.
A. Every massage permit issued or renewed shall have a term of up to two years, and all
massage permits shall expire on June 301h of the second year following issuance or renewal.
Application for renewal of a massage permit shall be made at least thirty (30) days before its
expiration upon a form provided by the city. If the information provided by the applicant for
a prior application or renewal is no longer complete and/or accurate, the applicant must
provide all information necessary to update, add to or modify the information so that it is
accurate.
B. The massage permit renewal application must be accompanied by a renewal fee as set
from time to time by resolution of the city council. No part of renewal fee will be refundable.
The renewal fee is intended to cover the City's costs of processing, investigation, renewal,
Ordinance No. 2473 N.C.S. Page 8
inspection, enforcement and administration of the permit requirements contained in this
chapter, including but not limited to staff time and costs and legal fees and costs.
C. Prior to the issuance of the renewal permit, the massage establishment may be subject to
physical or record inspections by permit administrator, as well as by the building department,
fire, and community development departments of the city for the purpose of assuring
compliance with this chapter and applicable city, State or federal law.
D. Each renewal application must be accompanied by a list of all massage professionals
employed at the massage establishment and copies of any CAMTC certificates or massage
permits for the employees and/or the massage establishment owner(s) and/or operators.
8.38.120 Massage establishment annual registration and notification of changes.
A. Every massage establishment must, at the time of application for and/or renewal of a
business license, provide to the city manager or his/her designee a complete list of all
persons providing massage at or in connection with the massage establishment, whether on
the massage establishment premises or otherwise, and provide copies of CAMTC certificates
or massage permits for each such person.
B. Within five (5) business days of any change in address or ownership of the massage
establishment, every massage establishment owner or operator must provide written notice
of the changes to the city manager or his/her designee.
C. Within fifteen (15) business days of hiring a new massage professional, the owner or operator
of the massage establishment must provide a copy of the massage professional's CAMTC
certificate or massage permit to the city manager or his/her designee. The requirement to
provide copies of CAMTC certificates or massage permits does not affect the requirement to
maintain evidence on the premises of the massage establishment that the massage
professionals employed or retained by the massage establishment have CAMTC certificates
or massage permits.
D. Massage establishment owners and operators have a continuous duty to provide written
notice to the city when massage establishment employees or contractors have a CAMTC
certificate revoked or suspended.
8.38.130 Certified and permitted massage establishment operations.
Every certified and permitted massage establishment must comply with the following operating
requirements:
A. The owner or operator of must maintain a register of all persons employed as massage
professionals and all massage professional contractors used and copies of CAMTC
certificates or massage permits for each massage professional. The register must be
available for inspection at all times during regular business hours.
B. The massage establishment may be provide massage services only between the hours of
seven a.m. and ten p.m.
C. A list of services available and the cost of such services must be posted in an open, public
place on the premises of the establishment. The list of services must describe all of the
services available in readily understandable language. No owner, operator, responsible
Ordinance No. 2473 N.C.S. Page 9
managing employee, manager, or supervisor may permit and no massage professional may
offer to perform, any services other than those posted.
D. During all times that he/she is performing or offering to perform massage services in a
massage establishment, every massage professional must wear a badge that identifies
his/her first or last name. Upon receipt of a request or complaint by a patron, massage
professionals must advise the patron of the full name of the massage establishment through
which the massage services were obtained and the contact information for the CAMTC or
the city.
E. No person may enter, or be or remain, in any part of a massage establishment while in
possession, consuming, or using any alcoholic beverage or drugs except pursuant to a
lawfully issued prescription for such drugs. Massage establishment owners, operators,
responsible managing employees, managers and supervisors may not permit any person to
enter or remain upon the massage establishment premises in violation of this provision.
F. No massage professional may otter or engage in specified sexual activities as part of his/her
massage services. No massage establishment may offer or permit specified sexual activities
as part of the massage services provided by the massage establishment or on the massage
establishment premises.
8.38.140 Sanitation and safety requirements.
The city council finds that the requirements of this section are reasonable health and safety
requirements for massage establishments and massage professionals, The requirements of this
section apply to all certified and permitted massage establishments and all massage
professionals providing massage services in the city, unless otherwise specified.
A. All massage establishments are subject to periodic inspection by the city for safety of the
structure and the compliance of plumbing, ventilation, heating, sanitation and other facilities
with applicable codes and regulations. The walls must be clean and painted with an
approved washable mold resistant paint in all rooms where water or steam baths are given.
Floors must be free from any accumulations of dust, dirt, or refuse.
B. Towels, sheets, linens, robes and all other items for personal use of operators and patrons
must be clean, freshly laundered and not used for more than one patron. Heavy white
paper may be substituted for sheets, provided that the paper is used once for a person and
then discarded into a sanitary receptacle.
C. All locker facilities provided for the use of patrons must be fully secured for the protection of
the patron's valuables, and the patron must be given control of the key or other means of
access.
D. All main external front entrance doors into the massage establishment and all internal doors
leading to massage areas must remain unlocked during the business hours of the massage
establishment, unless there is no staff available to assure security for clients and massage
professionals who are behind closed doors.
8.38.150 Inspection by city officials.
The investigating officials of the city, and the Sonoma County Health Officer, will have the right
to enter massage establishment premises from time to time during regular business hours for the
Ordinance No. 2473 N.C.S. Page 10
purpose of making reasonable inspections to enforce compliance with this chapter, or other
building, fire, electrical, plumbing, health, or penal regulations. A warrant will be obtained
whenever required by law.
8.38.160 Massage establishment owner and operator responsibility for employee acts.
Massage establishment owners and operators will be responsible for the conduct of all
employees, contractors, volunteers and other persons who provide massage on the premises or
through arrangements with the massage establishment. All persons working in or for the
massage establishment will be considered under the control of the massage establishment for
the purposes of this chapter, including independent contractors and unpaid volunteers. Any
act or omission of massage professionals constituting a violation of this chapter will be deemed
to be the act or omission of the massage establishment for purposes of enforcing this chapter.
8,38.170 Suspension or revocation of permits.
Any massage permit issued under this chapter is subject to suspension or revocation by the
permit administrator for violation of any provision of this chapter, violations of city, State or
federal law, or for any grounds that would warrant the denial of the issuance of the permit(s) in
the first instance.
8.38.180 Denial, suspension or revocation of permits —appeal.
Any person or business entity aggrieved by any decision of the permit administrator with respect
to the issuance or refusal to issue, suspension or revocation of a permit may appeal that action
by filing a written notice of appeal with the city clerk. All appeals will be heard by an
administrative hearing officer appointed by the city. Upon receipt of an appeal, the
administrative hearing officer will fix a time and place for hearing such appeal. The city clerk will
give written notice to the appellant of the time and place of hearing by causing the notice to
be personally served or deposited in the United States mail at Petaluma, California, postage
prepaid, addressed to the appellant at the address provided on the written notice of appeal.
The administrative hearing officer will have authority to determine all questions raised on appeal
8.38.190 Changes in law.
When reference is made in this chapter to any local law or regulation, or to any state or federal
statute, regulation or other law, the reference includes any subsequent amendment or
superseding provision.
8.38.200 Enforcement and remedies
Any violation of this chapter is unlawful and a public nuisance. Provisions of this chapter are
enforceable pursuant to chapters 1.10 through 1.16 of this code, or by any other judicial or
administrative penalties and remedies available to the city under applicable local, state or
federal law. In addition to all other legal remedies provided for in this code, the operation of any
massage establishment and/or the provision of massage by any person in violation of this
chapter is deemed a public nuisance and may be enjoined by the city. Each instance of a
violation of this chapter, including each day of a continuing violation by a massage
establishment or massage professional, constitutes a separate violation. The remedies provided
by this chapter are not intended to preclude any other remedy available at law or in equity.
Ordinance No. 2473 N.C.S. Page I I
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Section 2. The City Council finds that adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3)of the CEQA Guidelines
(Title 14, Chapter 3 of the California Code of Regulations) because there is no possibility that the
activity may have a significant impact on the environment.
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the
period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and ordered posted/published this 9th day of September, 2013.
ADOPTED this 16'h day of September, 2013 by the following vote
Ayes:
Vice Mayor Albertson, Barrett, Harris, Healy, Kearney, Miller
Noes:
None
Abstain:
None
Absent:
Mayor Glass
ATTEST:
Claire Cooper, City Clerk
Chris Albertson, Vice Mayor
APPROVED AS TO FORM:
aal(k
Eric W. Danly, City 40mey
Ordinance No. 2473 N.C.S.
Page 12