HomeMy WebLinkAbout2005 Ordinance No. 021•
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ORDINANCE No./'/
SERIES OF 2005 --
BY AUTHORITY
COUNC IL BILL NO . 2 1
INTRODU CE D BY COUNC IL
MEMB ER BRADSHAW
AN ORDINANCE AMENDING TITLE 5, CHAI/TER 5, SECTION 2, OF THE
ENGLEWOOD MUNI CIPAL CODE 2000, PERTAINING TO ACUPUNCTURJSTS .
WHEREAS , the State of Colora do requires Acupuncturists to be licensed by the State
under C.R.S. 12-29 .5; and
WHEREAS , Acupuncturists licensed with the State of Colo rado shall be exempt from
the City of Englewood's licensing requircmen s for massage therapy se rvice s performed
in th e course of their usual dutic!:l as acupunctu ri sts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~. The City Council of the City of Englewood , Colorado hereby amends Title
5, Chapter 5, Section 2, of the Englewood Municipal Code 2000, with the addition of a
new Subsection F, to read as follows:
Chapter 5 MASSAGE THERAPY
5-5-2: License Required.
It shall be unlawful for any person to offer or perform a massage and it shall be
unlawful to operate a massage therapy clinic in the City of Englewood without first
obtaining a license for such activity except for the following classes of persons:
A. Physicians, osteopaths, physical therapists , chiropodists, podiatrists , or
chiroprat.tors licensed in this State, their offices and clinics, and all persons
working in their offices and clinics under their supervision and direction .
B. Hospitals and all persons employed by institutions and est•.\Jlishments licensed
by the State as hospitals while performing heir usual duti es within the hospital
or institution so licensed .
C. Regi stered nurses and licensed practical nurse s performing mas sage services in
the course of their usual nursina duti es.
D. Cos metologists and barbers duly licensed under the laws or this Stat e, acting in
the co urse of their usual duti es as cosmetologists and barbers .
E. Trainers of any re cognized amateur, semi-professional , or professional athlete
or athletic team .
~ .&imuocturis ts licensed by the State of Colorado pcrfonning massage thcra~
services in the course of their usual duties as acupuncturists
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Se cti on 2. Safety Clau ses . Th e Cit y Council hereby finds , de termine s, and
declares that thi s Ord inance is promulgated und er the general poli ce power of the City
of Englewood, that ii is promulgated for the health , safe :y , and wel fa re of the public ,
and th at thi s Ordinan ce is nece ss ary for the pre servation of health and safet y and for
the prot ection of public com ·cnicncc and welfare . The Cit y Co un cil funhcr
determines that the Ordinance bears a rati onal rel ati on to the proper leg islati ve
object sought to be obtained .
~ Scvcrability If any clau se, senten ce , parag raph , or part of thi s
Ordinance or the application there of 10 any perso n or circum stanc es shall fo r .ny
reason be adjudg ed by a court of comp etent juri sdiction invalid , such judgment shall
not affect , imp air or invalidate th e remainder of thi s Ordinance or its appli catio n to
other persons or circum stances .
~-Inconsi stent Ordin ances All uth cr Ordin ances or portions there of
incon sistent or conflicting with thi s Otdinan ce or any porti on hereof arc hereby
repealed to the extent of such inconsistency or conflict.
~-E[ccJ of repeal or modjfjcation . The repeal or mo,,ification of any
provi sion of the Code of the City of Englewood by thi s Ordin ance shall not relea se ,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability , either civil or criminal, which shall have been incurred under such provision ,
and each provision shall be treated and held as still remaining in force for the
purp oses of sustaining any and all proper actions , suits, proceedings , and pro secution s
fo r the enforcement of the penalty , forfeiture , or li ability, as well as for the purpose
of su staining any judgment , decree , or order which can or may be rendered, entered,
or made in such actions , suits, proceedings , or prosecutions .
~6. Penalty . The Penalty Provi sion of Section 1-4-1 E!v!C shall apply to
each and ev ery \'iolation of thi s Ordinance .
Introduced, re ad in full , and pa ss ed on first reading on the 6th day of June , 2005 .
Publi sl,ed as a Bill for an Ordinance on the 10th day of Jun e, 2005 .
Read by title and passed on final reading on !he 20th day of Jun e, 2005 .
Pl!blished by titl e as Ordin anc e No. ;2 /. Seri es of 20 05 , on th e 24th day of June ,
200 5.
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I, Loucrishia A. Ellis, City Cle rk of the Ci ty of Englewood, Colorado, hereby
ccnify that the above and foregoing is a true coe~ of th e Ordinanc passed on fin al
reading and published by titl e as Ordinance No~, Series f 2 5
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject :
Ju ne 6, 2005 9 a ii Ordinance to Exe mpt Acupuncturists
Li ce nsed by th e State of Co lorado fr om
Obtaining a Massage Therapis t Li ce nse
Initiated By : I Staff Source:
Department of Finan c e and Administrative Services Frank Gryglewicz, D irector
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council hea rd a req u es t for exempti on on D ece mber 20, 2004 from Ms. Anne Chew, and
discuss ed th e issue with City staff on May 16, 2005 in study session .
RECOMMENDED ACTION
Staff recomm ends that Council adopt a bill for an ordinan ce adding " Acupuncturists Li ce nsed with
the State of Colorado" as an additio nal exemption from the licensing requirements for massage
therapists .
Approval of this bill for ordinance will add the following under 5-5-2:
F. Acupuncturists li censed by th e State of Coloradn performing massage th erapy services in
th e course of their usual duties as acupuncturists.
FINANCIAL IMPACT
There could be so me min o r :.,ss of license fee reve nu e fr o m adding this exe mption fr om li ce nsin g,
but th e amount should be mir, Jr.
UST OF ATTACHMENTS
Bill fo r an Ordinance