PUBLIC NOTICE

NOTICE OF ADOPTION 
ORDINANCE 05-19-20

Public Notice is hereby given that the City Council of the City of Enterprise, Alabama, at a regular meeting held on May 19, 2020 duly passed and adopted Ordinance 05-19-20.  The ordinance in its entirety is as set out below. 

Beverly Sweeney


Interim City Clerk


May 27, 2020

ORDINANCE 05-19-20

TO APPROVE OUT-CALL/ON-SITE PROVISION OF THERAPEUTIC MASSAGE THERAPY SERVICES BY DULY LICENSED MASSAGE THERAPISTS BE IT ORDAINED AS FOLLOWS:

Whereas, by Ordinance No. 1-20-98 and all other ordinances, resolutions, rules and regulations of the City which may pertain to the subject matter thereof, the City allows massage therapist who are licensed with the State and the City to perform therapeutic massage services at approved locations;

Whereas, it has come to the attention of the City that individuals who are many times disabled, elderly or otherwise incapacitated may need therapeutic massage services for health reasons, but are not able to travel to a fixed, business district location to receive said services;

Whereas, the City’s current Ordinance appears to restrict the provision of therapeutic massage services to specific physical business district locations, while the State of Alabama Board of Massage Therapy and State law related to therapeutic massage services allow for the on-site/out-call provision of services and not limited to specific business district locations;

Now, therefore, the City desires to amend Ordinance 1-20-98 and all other ordinances, resolutions, rules and regulations to allow for duly licensed massage therapists to provide therapeutic massage services on an on-site/out-call basis, provided said therapists are duly licensed by the State and the City and have a proper establishment license, and provided the additional terms of this Ordinance are met, to wit:

1.   Ordinance No. 1-20-98, and all other ordinances, resolutions, rules and regulations of the City which may pertain to the subject matter thereof, are amended to allow duly licensed massage therapists to provide for on-site/out-call therapeutic massage services if said therapists are duly licensed to provide such services, and subject to the limitations that the patient must be disabled, aged or otherwise medically incapacitated; that therapeutic massage therapy is necessary for legitimate health reasons; and, that the duly licensed therapist has a proper establishment license.

2.  Except to the extent they are in specific conflict with paragraph number 1 above, Ordinance No. 1-20-98, and all other ordinances, resolutions, rules and regulations of the City which may pertain to the subject matter thereof, remain in full force and effect.

3.   The provisions of this Ordinance are severable. In any section, subsection or provision shall be declared to be invalid or unconstitutional by judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any other section, subsection or provision of this Ordinance.

4.       This Ordinance shall take effect upon its approval by the City Council, or it otherwise becoming law, but shall nevertheless be published as required by law.

Duly Passed and Adopted this 19th day of May, 2020.


COUNCIL:


S/ Perry Vickers

Council President Perry Vickers

District #3


S/ Sonya W. Rich

Council Member Sonya W. Rich

District #1


S/ Eugene Goolsby

Council Member Eugene Goolsby

District #2



S/ Wallace “Al” Miller, Jr.

Council Member Wallace “Al” Miller, Jr.

District #4


S/ Turner Townsend

Council Member Turner Townsend
District #5

ATTEST:

S/ Beverly Sweeney


Beverly Sweeney


Interim City Clerk


Transmitted to the Mayor this 20th day of May, 2020.


S/ Beverly Sweeney

Beverly Sweeney


Interim City Clerk

ACTION OF THE MAYOR:

Approved this 21st day of May, 2020.


S/ William E. Cooper

William E. Cooper


Mayor

ATTEST:


S/ Beverly Sweeney

Beverly Sweeney


Interim City Clerk

5/27/2020