HomeMy WebLinkAboutOrdinance-1988-0779INTRODUCED BY COUNCILMEMBER
Ordinance No. 779
Series of 1988
TITLE: AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE BY RENUMBERING ARTICLE VIII.
GENERAL PROVISIONS, AND ALL SECTIONS THEREOF; BY
REPEALING AND REENACTING CERTAIN PROVISIONS OF CHAPTER
11. MASSAGE PARLORS, AS ARTICLE VIII OF CHAPTER 14, AND
BY THEREAFTER REPEALING CHAPTER 11. MASSAGE PARLORS OF
THE PROVISIONS OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT;
Section 1. Chapter 14, Offenses-Miscellaneous, of the Code
of Laws of the City of Wheat Ridge is hereby amended as follows:
a. Article VIII. General Provisions, is hereby
renumbered to be Article IX, General Provisions.
b. The following sections of Chapter 14 are hereby
renumbered as follows:
1.
Section
14-65
is
renumbered
as
Section
14-77.
2.
Section
14-66
is
renumbered
as
Section
14-78.
3.
Section
14-67
is
renumbered
as
Section
14-79.
4.
Section
14-68
is
renumbered
as
Section
14-80.
5.
Section
14-69
is
renumbered
as
Section
14-81.
C. All sections renumbered hereby are not amended,
repealed, or changed in any manner except as to their numbering
within the Code of Laws of the City of Wheat Ridge.
Section 2. Chapter 14. Offenses-Miscellaneous, of the
Code of Laws of the City of Wheat Ridge is hereby amended by the
addition of the following Article VIII. Massage Parlors.
1. Section 11-1 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-65
as follows:
For the purposes of this chapter ARTICLE the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
Apprentice. A person who is at least eighteen (18) years of
age, employed in a health service establishment and working under
a licensed masseur or masseuse for the specific purpose of learning
the method and practice of massage.
Approved. As applied to the terms, techniques, processes,
equipment and qualifications of personnel, "approved" shall mean
compliance with the requirements of this chapter ARTICLE.
Health establishment operator. A place of business where
massage is given or where baths, gymnastics or other physical
activities as defined within the definition of "massage" as used
in this chapter ARTICLE are practiced.
Massage. Pressure on, friction against, stroking and kneading
the body by manual means or a mechanical device used manually, with
or without appliances such as vibrators, infrared heat, sun lamps
and external baths for the purpose of maintaining good health and
good physical condition.
Practice of massage. The performance of massage with or
without compensation.
2. Section 11-2 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-66.
3. Section 11-3 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-67
as follows:
The purpose of this chapter ARTICLE is for the promotion of
public health, safety and welfare and the suppression of disease.
4. Section 11-4 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-68
as follows:
It shall be unlawful for any licensee under this chapter
ARTICLE to practice or administer massage as defined in this
chapter ARTICLE upon a person of the opposite sex, unless such
licensee shall be in possession of a written authorization or
prescription signed by a physician or an osteopath registered in
the state which shall state the date of issue, the name of the
licensee, the person upon whom such massage shall be administered
and the duration of the period, not to exceed ninety days, for
which the licensee may practice or administer massage upon the
person designated.
5. Section 11-8 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-69.
6. Section 11-9 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-70.
7. Section 11-19. Required of the Code of Laws
of the City of Wheat Ridge is hereby repealed and reenacted as
Section 14-71 and with the title thereof amended to read as LICENSE
REQUIRED.
8. Section 11-20 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-72.
9. Section 11-21 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-73.
10. Section 11-22 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-74
as follows:
The following classes of persons are exempted from this
article:
(a) Physicians, osteopaths, physical therapists,
chiropodists, podiatrists or chiropractors registered in the state;
are excluded.!!:
.
(b) THE FOLLOWING CLASSES OF PERSONS, PROVIDED THAT EACH IS
DULY LICENSED AND/OR REGISTERED WITH ANY APPLICABLE AND APPROPRIATE
BOARD OR PROFESSIONAL LICENSING AGENCY REQUIRED UNDER THE LAWS OF
THE STATE OF COLORADO, AND PROVIDED THAT EACH SUCH BOARD OR AGENCY
PROVIDES A LETTER OR OTHER DOCUMENTATION STATING THAT MASSAGE
THERAPY IS NOT OUTSIDE THE AREA OF TRAINING, EXPERIENCE OR
COMPETENCE OF THE EXEMPTED PERSON, AND FURTHER PROVIDED THAT
MASSAGE THERAPY IS SHOWN TO BE A SERVICE RENDERED IN THE LEGITIMATE
AND RECOGNIZED PRACTICE OF THE DISCIPLINE, THERAPY OR TREATMENT
EXEMPTED HEREBY:
(1) PSYCHOLOGISTS;
(2) CLINICAL SOCIAL WORKERS;
(3) MARRIAGE AND FAMILY THERAPISTS;
(4) PROFESSIONAL COUNSELLORS.
(c) Registered nurses and licensed practical nurses
performing those services in their usual nursing duties;
(d) Beauticians and barbers duly licensed under the laws of
this state, insofar as their usual and ordinary vocation and
profession is concerned, as defined by the laws of this state;
(e) Trainers of any amateur, semi-professional or
professional athlete or athletic team;
(f) Massage practiced as the athletic department of any State
accredited school, college, university, or seminar.
Hospitals, clinics, nursing and convalescent homes, and other
similarly licensed institutions where massage and baths may be
given are excluded from the definition of a health service
establishment.
11. Section 11-23 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-75.
12. Section 11-25 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as Section 14-76
as follows:
The following schedule of fees shall apply:
Initial application fee for health service establish-
ment
$15.30
$50.00
Initial application fee for any individual
licensee
$25.00
Health service establishment......
$50.00
per
year
Masseurs and masseuses
$25.00
per
year
Apprentices
$104,40
$25.00
per
year
All other employees
$ 51..00
$15.00
per
year
Section 3. Except for those Sections of Chapter 11 of the
Code of Laws of the City of Wheat Ridge which are reenacted by
Section 2 of this Ordinance, Chapter 11; Massage Parlors, of the
Code of Laws of the City of Wheat Ridge is hereby repealed in its
entirety.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
the City Council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 6. This ordinance shall become effective 15 day(s)
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 14th day of November 1988, in the
ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on
final passage set for November 28 ,
1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 0 this 28th day of November ,
1988.
1988.
SIGNED by the Mayor on this 29thday of November ,
Dan Wilde, Mayor
ATTEST:
Wanda Sang, City Cler
APPROVED AS TO FORM BY
OFFICE OF;-ICITY ATTORNEY
John E. Hayes, C'ty Attorney
1st Publication: November 17, 1988
2nd Publication: November 30, 1988
Wheat Ridge Sentinel:
Effective Date: December 15, 1988