HomeMy WebLinkAboutORD 6580 ARC CODE MASSAGE THERAPY
Augusta Richmond GA
DOcUMENTNAME:OI'Ct'\ I'\O./" Ce. G,s-80
DOCUMENT TYPE: ord'\ I'lG\Xl (C
YEAR: 02-
BOX NUMBER: l {
FILE NUMBER: ICsJ 502
NUMBER OF PAGES: \L{
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ORDINANCE NO. 6580
AN ORDINANCE TO AMEND AUGUST A-
RICHMOND COUNTY CODE TITLE 6, CHAPTER 4
TO PROVIDE FOR THE REGULATION OF
MASSAGE THERAPY; TO PROVIDE AN
EFFECTIVE DATE; TO REPEAL CONFLICTING
ORDINANCES; AND FOR OTHER PURPOSES.
NOW THERFORE BE IT ORDAINED BY THE AUGUSTA-RICHMOND
COUNTY COMMISSION, AND IT IS HEREBY ORDAINED BY THE AUTHORITY
OP THE SAME AS POLLOWS:
Section 1. The Augusta-Richmond County Code Title 6, Chapter 4 is hereby
deleted in its entirety and replaced with a new Augusta-Richmond County Code Title 6,
Chapter 4, which shall read as follows:
"~ 6-4-1
Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a differe:qt meaning:
(a) Director means Augusta's Director of the License & Inspection
Department, or such other county official as the Augusta-Richmond
County Commission may designate from time to time to carry out the
functions of the director as specified in this chapter.
(b) Exempt person means:
(1) A physician, osteopath, physical therapist, chiropodist,
podiatrist or chiropractor licensed in the state, and an assistant of any such
professional working in the same office and under the direct supervision
of such professional;
(2) A registered nurse or licensed practical nurse licensed in
the state, who performs massage therapy only in the normal course of
performing nursing duties;
(3) Any athletic trainer working as such within the athletic
department of any accredited school, college, university or seminary, or in
connection with any professional athletic team or competition; and
(4) Hospitals, clinics, nursing and convalescent homes,
assistant living facilities and other similar facilities licensed under the laws
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of the state, and dedicated to medical or nursing practices where massage
therapy may be given, and the employees and/or independent contractors
of such facilities who perform the massage therapy for the patients at such
facilities in the normal course of carrying out their duties at such facility.
(c) License means an operator's and/or massage therapy license issued
pursuant to the terms of this chapter.
(d) Licensee means the person to whom a license is issued under the
terms of this chapter.
( e) Massage Therapy means the systematic and scientific manipulation
and treatment of soft tissues of the body, including the use of effleurage,
petrissage, pressure, friction, tapotement, kneading, vibration, range of
motion stretches and any other soft tissue manipulation, whether manual
or by mechanical or electrical apparatus, and may include the use of oils,
lotions, creams, salt glows, hydrotherapy, heliotherapy and hot and cold
packs.
(f) Massage therapy business means the business of owning,
operating, conducting and carrying on the offering and/or providing
massage treatments.
(g) Massage therapist license means a license to perform massages on
members of the public, which license is issued pursuant to the terms of
this chapter.
(h) Operator's license means a license to own, operate, conduct and
carryon the business of offering or providing massage to members of the
public, which license is issued pursuant to the terms of this chapter.
(i) Premises means one physically identifiable place of business of
one or more contiguous rooms operating under the same trade name where
massages are performed. This term shall include reception rooms,
treatment rooms, office areas, patio areas and any other areas located
within the property lines of the land on which the massage therapy
business is located.
~ 6-4-2.
License required.
Any person desiring to own, operate, conduct or carryon, in Augusta,
Georgia, the business of offering or providing massage therapy, before doing so,
shall have in his possession a then current operator's license. A licensee holding
an operator's license under this chapter is not authorized or licensed to actually
perform the massage therapy on customers of the massage therapy business unless
such licensee also holds a massage therapy license. Any person, other than an
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exempt person, employed or otherwise engaged by a massage therapy business to
perform massage therapy on members of the public shall, prior to engaging in
such activity, have in such person's possession, a then current massage therapy
license issued by the Augusta-Richmond County Commission. A licensee holding
a massage therapy license is not licensed to own, operate, conduct or carryon a
massage therapy business without a operator's license. All such licenses shall be
issued in accordance with the requirements of this chapter. Any massage therapy
business which does not maintain an office in Augusta, but which sends a
massage therapist into Augusta to provide massage therapy on an out call basis,
must possess an operator's license. Any person providing massage therapy in
Augusta on an outcall basis must possess a massage therapy license.
~ 6-4-3.
Qualifications for operator's license.
(a) In order to obtain an operator's license under this chapter, the
applicant must satisfy the following requirements:
(1) Must be at least 18 years of age and have received a high
school diploma or graduate equivalency diploma;
(2) Must be a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States. Where an applicant
is other than a natural person, such applicant must be an entity organized
and existing under the-laws of the United States or one of its states, and
the natural persons who are required to join in the application must meet
the qualifications of this subsection;
(3) If the applicant is a general partnership, the application
must be made jointly by the partnership, any managing partner and all
other partners owning at least a 20 percent interest in the assets or
revenues of the partnership. If there is no managing partner and there is no
partner meeting the ownership requirements, then the application must be
made jointly in the name of the partnership and the general partners
owning the greatest percentage interest in the assets and revenues of the
partnership. At least one ofthe applicants shall be a natural person. If none
of the applicants required in this subsection is a natural person, then the
natural person having primary responsibility for the operation of the
business for which the license is sought shall join in the application;
(4) If the applicant is a limited partnership or a limited liability
partnership, the application shall be made jointly by the limited
partnership or limited liability partnership, its general partners and any
other partner owning at least a 20 percent interest in the assets or revenues
of the limited partnership or limited liability partnership. At least one of
the applicants must be a natural person. If none of the applicants required
in this subsection is a natural person, then the natural person having
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primary responsibility for the operation of the business for which the
license is sought shall join in the application;
(5) If the applicant is a corporation, the application shall be
made jointly in the name of the corporation and its president or vice-
president, and any stockholder owning at least 20 percent of the total
outstanding capital stock of the corporation;
(6) If the applicant is a limited liability company, the
application shall be made jointly in the name of the limited liability
company and its managers, and any member owning at least a 20 percent
interest in the assets or revenues of the limited liability company;
(7) If the applicant is an entity other than a natural person,
partnership, limited partnership, limited liability partnership, corporation
or a limited liability company, the application shall be made jointly in the
name of the .entity, the natural person having chief executive officer
authority over the business activities of the entity and any other person
having at least a five percent interest in the assets or revenues ofthe entity.
The application shall further disclose the type of entity making the
application and every person having an ownership interest in the assets or
revenues of the entity;
(8) Licenses issued to corporations, limited liability companies,
general partnerships, limited ,partnerships, limited liability partnerships or
other types of entities must be issued jointly to the entity, and all of the
other persons required by this section to join in the application;
(9) No person shall be granted a license unless it shall appear
to the satisfaction of the Augusta-Richmond County Commission that
such person shall be of good moral character, or in the case of an entity
which is not a natural person, that such entity has a good reputation. In no
event shall a license be granted to any person who has been convicted or
has pled guilty or entered a plea of nolo contendere to any charge
involving a crime of moral turpitude, prostitution, masturbation for hire or
any other sexual service crime within a period of ten years immediately
prior to the filing of such application. In the case of partnerships,
corporations, limited partnerships, limited liability partnerships, limited
liability companies or other business entities, an operator's license shall
not be issued to the partnership, corporation, limited partnership, limited
liability partnership, limited liability company or other entity if any
partner, officer, director, shareholder, member or other person required to
be listed on the application cannot meet the requirements set forth in this
subsection. At the time an application is submitted for an operator's
license, the applicant shall, by a duly sworn affidavit:
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a. Certify that all of the requirements ofthis section have been
met by the applicant and the other persons required to be listed on
the application as specified in this subsection (9); and
b. Consent to a criminal background check and release
Augusta, its elected officials, officers, agents, employees and
representatives from any liability resulting from any criminal
background check performed on the applicant.
(10) No operator's license shall be issued to any person
convicted of or pleading guilty or nolo contendere to any charge under any
federal, state or local law constituting a felony, within ten years prior to
the date of the filing of the application for the operator's license;
(11) No operator's license shall be issued to any person who has
had any license issued under the police powers of Augusta revoked within
two years prior to the filing of the application for an operator's license;
(12) The Augusta-Richmond County Commission may decline
to issue an operator's license when any person having any ownership
interest in or control over the land or building in which the establishment
to be operated pursuant to the license will be located does not meet the
same character requirements as set forth in this section for the licensee;
(13) If a person in whose name an operator's license is issued is
not a resident of Augusta, such person must appoint and continuously
maintain in Augusta a registered agent upon whom any process, notice or
demand required or permitted by law or under this chapter may be served.
The registered agent must be a resident of Augusta. If the licensee is not a
natural person, the licensee will be required to appoint and maintain a
registered agent in Augusta if it does not have an agent in Augusta upon
whom process can legally be served on such entity under the laws of the
state. The licensee shall file the name of such registered agent, along with
such registered agent's written consent to serve as such agent, with the
director of administrative services;
(14) An application for an operator's license may be denied
where it appears to the Augusta-Richmond County Commission that the
applicant does not have adequate financial strength or adequate financial
participation in the proposed business to direct and manage its affairs, or
where it appears that the applicant is intended or likely to be a surrogate
for a person who would not otherwise qualify for an operator's license;
and,
(15) At the time of filing the application for an operator's license
and thereafter, the applicant must have in his employ or under a binding
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contract, a person who holds a massage therapy license who has agreed to
perform the massage therapy for the applicant if the operator's license is
granted.
(b) After the license has been issued, should any person in whose
name such license is issued be convicted of or plead guilty or nolo contendere to a
charge involving a crime of moral turpitude, prostitution, masturbation for hire or
any other sexual service crime, the operator's license shall be immediately
revoked and canceled.
~ 6-4-4.
Qualifications for massage therapy license.
In order to obtain a massage therapy license under this chapter, the
applicant must satisfy the following requirements:
(a) Must be at least 18 years of age and have received a high school
diploma or graduate equivalency diploma.
(b) Must have received a passing grade on the National Certification
Exam for Therapeutic Massage and Bodywork.
(c) No person shall be granted a massage therapy license unless it
shall appear to the satisfaction of the Augusta-Richmond County
Commission that such person shall be of good moral character, and in no
event shall a massage therapy license be granted to any person who has
been convicted of or has pled guilty or entered a plea of nolo contendere to
any charge involving a crime of moral turpitude, prostitution,
masturbation for hire or any other sexual service crime within a period of
ten years immediately prior to the filing of such application. At the time an
application is submitted for a massage therapy license, the applicant shall,
by a duly sworn affidavit, certify that all of the requiremen~s of this
section have been met by the applicant, and the applicant shall consent to a
criminal background check and release Augusta, its commissioners,
elected, officers, agents, employees and representatives from any liability
resulting from any criminal background check performed on the applicant.
After a massage therapy license is issued to a person, should such person
be convicted of or plead guilty or nolo contendere to a charge involving a
crime of moral turpitude, prostitution, masturbation for hire or any other
sexual service crime, the license shall be immediately revoked and
canceled.
(d) No massage therapy license shall be issued to any person convicted
of or pleading guilty or nolo contendere to any charge under any federal,
state or local law, constituting a felony, within ten years prior to the date
of the filing of the application for the license.
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(e) No massage therapy license shall be issued to any person who has
had any license issued under the police powers of Augusta revoked within
two years prior to the filing of the application for a massage therapy
license.
(f) If a person in whose name a massage therapy license is issued is
not a resident of Augusta, such person must appoint and continuously
maintain in Augusta a registered agent upon whom any process, notice or
demand required or permitted by law or under this chapter, may be served.
The registered agent must be a resident of Augusta. The licensee shall file
the name of such registered agent, along with such registered agent's
written consent to serve as such agent, with the director.
~ 6-4-5.
Application for license.
(a) Forms. A person desiring to obtain an massage therapy operator's
or massage therapy license shall make application to the director on the forms
prescribed by the Augusta-Richmond County Commission.
(b) Operator's license. The application for an operator's license shall
require, but shall not be limited to, the following information:
(1) The name and address of each applicant as required by S 6-
4-3;
(2) The name and location. of the proposed business to be
carried on, and the name and address of the owner of the premises in
which the business is to be carried on. If the business is to be operated on
an outcall basis, then the address will be the address and premises where
the office of the massage therapy business is located;
(3) A description of all of the goods and services to be offered
in the proposed business;
(4) A financial statement current within three months of the
application evidencing the financial responsibility of the applicants; and,
(5) Such other material as required by Augusta.
(c) Massage therapy license. The application for a massage therapy
license shall require, but shall not be limited to, the following information:
(1) The name and address of the applicant;
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(2) A certification from the National Certification Board of
Therapeutic Massage and Bodywork which administers the National
Certification Exam for Therapeutic Massage and Bodywork; and,
(3) Such other material as required by Augusta.
(d) Incomplete applications; swearing to before notary public. Failure
to pay the license and regulatory fees at the time of filing the license application,
or failure to furnish all information as required by an application form, will cause
the application to be deemed to be incomplete and no action will be taken thereon
until such application is complete. All applications shall be sworn to by the
applicant before a notary public or other officer empowered by law to administer
J oaths.
~6-4-6.
Approval procedures.
(a) An application for a license under this chapter shall be presented to
the Augusta-Richmond County Commission within 45 days after the date such
application is deemed complete. The director shall notify the applicant in writing
of the date on which the application will be presented to the Commission.
(b) At the time the application is presented to the Augusta-Richmond
County Commission, the applicant may appear and present any matters in support
of the application, and any other person may appear and present matters in
opposition to the application.
(c) If the application presentation is made to the Augusta-Richmond
County Commission, upon the completion of the presentation, or if the
presentation is made to a designated committee, upon presentation of the report ,
the Commission shall take action denying or granting the application or deferring
action for a period not to exceed 45 days in order to obtain further information. If
the application is denied, the Commission shall set forth the reasons for such
denial.
(d) In all instances in which an application for an operator's license is
denied under the provisions of this chapter, the applicant may not reapply for an
operator's license for the same location for at least one year from the date of such
denial.
~ 6-4-7.
Revocation, suspension of license.
(a) Upon a violation of this Chapter, or any other local, state, or
federal law, Augusta's License and Inspection Director may immediately suspend
the license of said violator. Such suspension shall be for a period of 30 days.
Whenever, in the opinion of the director, there is cause to permanently revoke an
operator's massage therapy license, a written notice of intention to revoke such
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license shall be furnished to the holder thereof not less than ten days before the
meeting of the Augusta-Richmond County Commission, at which time the holder
of the license may make such showing as he may deem proper. After a hearing,
the Commission may permanently revoke the license if in its discretion it is in the
best interest of peace and good order of Augusta. Such a finding may only be
made upon a violation of the laws of Georgia, the United States, or Augusta-
Richmond County.
(b) In addition, cause for revocation or suspension of a license under
this chapter shall include, but not be limited to, the following actions by the
license holder:
(1) Conviction of or a plea of guilty or nolo contendere to a
charge of prostitution, masturbation fOf hire or any other sexual service
crime involving engaging in sexual activities for compensation or sexual
misconduct of any kind in any jurisdiction to which the applicant was
subject.
(2) If holding an operator's license, conviction of or a plea of
guilty or nolo contendere to a charge of prostitution, masturbation for hire
or any other sexual service crime involving engaging in sexual activities
for compensation or sexual misconduct of any kind by an employee of the
massage therapy business operated pursuant to such license, in the course
of business.
(3) Permitting a person who does not hold a current massage
therapy license under this chapter, except as provided in S 6-4-13, to
provide massage therapy to members of the public.
(4) Allowing the use ofan individual's license by an unlicensed
person.
(5) Providing false Of forged information to the Commission in
obtaining a license under this chapter.
(6) Impersonating a license holder.
(7) Using or attempting to use a license that has expired or
been revoked.
(8) Violation of any provision of this chapter.
~ 6-4-8.
Automatic license forfeiture for nonuse.
Any licensee holding an operator's license under this chapter, who shall,
for a period of six consecutive months, cease to operate the massage therapy
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business as authorized in the operator's license, shall automatically forfeit the
license without the necessity of any further action. If the massage therapy
business operation is interrupted as a result of damage to the premises where the
massage therapy business is located which makes it impractical to operate the
massage therapy business, and if repairs of such damage are commenced within
such six-month period and diligently pursued to completion, or as a result of the
premises being remodeled, then this section shall not apply to such cessation of
operation. If a license is issued for the operation of a massage therapy business in
a building which has not yet been completed, the license will not be forfeited
unless the licensee fails to begin operations of the massage therapy business
within a period of 180 days from the date of issuance ofthe license.
~ 6-4-9.
Expiration; renewal of license.
(a) Each license granted under this chapter shall expire on December
31 of the calendar year in which the license was issued. A licensee who desires to
renew his license shall file an application with the director, on the form provided
for license renewal. Applications for renewal must be filed on or before October
31 of the year in which the license being renewed expires. If a renewal application
is received after October 31, Augusta cannot assure the applicant that a renewal
license will be issued by January 1 of the following calendar year, and the
licensee will have to cease operations from such January 1 until the renewal
license is issued. If a license renewal application is received after the December
31 expiration date, such application shall be treated as an application for a new
license and the applicant shall be required to comply with all rules, regulations
and fees for the granting oflicenses as ifno previous license had been issued.
(b) Any person applying for renewal of a license must pay the license
and regulatory fees at the time of filing the application. Failure to pay such fees at
that time shall result in the application for renewal being treated as not filed or as
being withdrawn.
~ 6-4-10.
location.
Separate application and operator's license for each business
Each operator's license under this chapter shall be limited to the operation
of a massage therapy business at a specific location or out of which specific
location an outcall massage therapy business is operated as described in the
license. A separate application must be made and separate operator's licenses
must be obtained for each location at which a massage therapy business is
conducted or out of which an outcall massage therapy business is operated.
~ 6-4-11.
Display of license.
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(a) An operator's license shall, at all times, be kept plainly exposed to
public view at the premises for which the license was granted.
(b) A massage therapy license shall, at all times, be kept plainly
exposed to public view at the place where the holder of the massage therapy
license is performing massage therapy.
~ 6-4-12.
Report of licensed employees.
Within ten days after a written request of the director, a holder of an
operator's license under this chapter shall provide to the director a list of the
names and addresses of the people working in the massage therapy business who
hold a then current massage therapy license.
~ 6-4-13.
Apprentices.
Any person who is enrolled in a course of study required as a prerequisite
to taking the examination set forth in section S 6-4-4(2), and who, as a part of
such course of study, is working as an apprentice under the direct supervision of a
person holding a massage therapy license, may perform massage therapy to
members of the public for a period not to exceed 12 months; provided that such
apprentice has notified the director that he will be working as an apprentice and
provides the director with written confirmation from the educational institution
that the apprenticeship is part of its course of study, and of the duration of the
apprenticeship. The massage therapy license holder under whom the
apprenticeship will be served must certify to the director that he will provide
direct supervision of all massage therapy provided by the apprentice during the
apprenticeship. An apprentice- may perform massage therapy on an outcall basis
only with appropriate direction from the massage therapy license holder, and such
massage therapy license holder will have full responsibility to ensure that such
massage therapy provided on an outcall basis are provided properly,
professionally and appropriately. The holder of the operator's license for the
massage therapy business where the apprenticeship will be served must certify to
the director that such licensee will ensure that the apprentice provides massage
therapy only in accordance with the provisions of this section. If, at any time
during the apprenticeship, the apprentice ceases to be enrolled in the course of
study set forth in this section, such person shall immediately cease performing
any massage therapy.
~ 6-4-14.
Transitional massage therapy license.
Any person who, within 30 days prior to the effective date of this
ordinance, was working performing massage therapy on members of the general
public, and upon such date, such person would be required to obtain a massage
therapy license, and such person does not meet the requirements set forth in
section S 6-4-4, such person may apply for a transitional massage therapy license.
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A transitional massage therapy license shall expire on December 31 of each year
and such license may be renewed; provided, however, that no transitional
massage therapy license shall be extended beyond 24 months from the effective
date of the ordinance from which this chapter is derived. In order to obtain a
transitional massage therapy license, the applicant must meet all other
requirements for obtaining a massage therapy license and will be subject to all
requirements for retaining a massage therapy license. Any person who holds a
transitional massage therapy license, and during the term of such license such
person meets all of the requirements for a massage therapy license such person
may have the transitional massage therapy license converted to a massage therapy
license for the balance of that calendar year at no further charge. A transitional
massage therapy license may be revoked or suspended in the same manner as a
massage therapy license. Any person desiring to obtain a transitional massage
therapy license must apply for such license within 90 days after the effective date
of the ordinance from which this chapter is derived. The license and regulatory
fees shall be the same as for a massage therapy license.
~ 6-4-15.
Waiver for non-massage modalities.
Any person who desires to provide in Augusta, only certain bodywork
services which the person believes are of a modality that is not a massage as
defined in this chapter, may request from the Augusta-Richmond County
Commission a waiver of the licensing requirements of this chapter for conducting
the business of and providing such bodywork services. Such request shall be
made on forms promulgated by the director on which the person seeking the
waiver shall fully explain why the modality involved is not massage. The
Augusta-Richmond County Commission shall then act upon the request. If the
request is granted, licensing requirements of this chapter shall be waived for the
person making the request and his employees performing the bodywork services
described in the request. If the request is denied, all of the licensing requirements
of this chapter shall apply.
~ 6-4-16. Fees.
(a) Upon making application for a license under this chapter, the
applicant shall pay license and regulatory fees for such license as set forth in
Augusta-Richmond County Code ~ 2-1-3 (c) and such other fees as may be
established from time to time by Augusta. All applicants shall be furnished a copy
of the schedule of fees at the time of application for a license under this chapter.
(b) All licenses granted under this chapter shall be for the calendar
year, and the full license fee must be paid for a license application filed prior to
July 1 of the license year. One-half of a full license fee shall be paid for a license
application filed after July 1 of the license year.
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(c) Each application for a license under this chapter shall be
accompanied by a check or money order for the full amount of the license fee,
together with a separate check or money order in the amount of the regulatory
fees applicable to such license. If the applicant is denied a license, the license fee
shall be refunded, but the regulatory fees shall be retained and are nonrefundable.
~ 6-4-17.
Transferability.
No license under this chapter shall be transferable.
~ 6-4-18.
Violation; penalties.
(a) Any violation of the provisions of this chapter shall constitute a
misdemeanor and shall be punishable by penalties and costs as set forth in ~ 1-6-
1.
(b) In addition to the penalties set forth in subsection (a) of this
section, the Augusta-Richmond County Commission may revoke or suspend a
license for violation of this' chapter as set forth in section ~ 6-4-7, which shall be a
distinct and separate penalty. Any violation of this chapter, or any failure to
comply with the requirements of this chapter, shall be grounds for immediate
suspension or revocation of any and all licenses held by the licensee regardless of
the number of licenses or locations involved, and regardless of whether or not the
licensee knew of or contributed to such violation. It is the intent of this
subsection, without limiting the generality thereof, to grant to the Commissioners
the right to suspend or revoke any and aJI licenses held by a licensee when any
violation of this chapter occurs at any place of business operated by the licensee
pursuant to a license.
~ 6-4-19.
Severability.
If any section, provision, or clause or any part of this Chapter shall be
declared invalid or unconstitutional, or if the provisions of any part of this
Chapter as applied to any particular situation or set of circumstances shall be
declared invalid or unconstitutional, such invalidity shall not be construed to
affect the portions of this Chapter not so held to be invalid, or the application of
this Chapter to other circumstances not so held to be invalid. It is hereby declared
as the intent that this Chapter would have been adopted had such invalid portion
not been included herein."
Section 2. All laws or ordinances or parts of laws or ordinances in conflict
with this Ordinance are hereby repealed.
Section 3.
This Ordinance shall become effective upon adoption.
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Duly adopted this ~ day of December, 2002 and this
,2003.
ATIEST:~.
Len onner (Clerk)
December 17,2002
First Reading:
Second Readirugpive 2nd reading
~BY: ~bi~
Published in the Augusta Chronicle December 26, 2002
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