BOROUGH OF NORWOOD
ORDIN=
ANCE
NO.07:01
AN
ORDINANCE AMENDING CHAPTER 157
OF THE CODE OF THE BOROUGH OF NORWOOD,<= o:p>
TITLED “MASSAGE ESTABLISHMENTS”
<= o:p>
W=
HEREAS, in 2003 the Mayor and Council of Boro=
ugh of
Norwood adopted Ordinance No. 03:02 regulating massage establishments, and
these provisions were codified as Chapter 157 of the Code of the Borough of
Norwood (“Code”); and
W= HEREAS, on October 30, 2003, the New Jersey Division of Consumer Affairs, New Jersey Board of Nursing, promulgated regulations to require the certification of massage, body work, and somatic therapists and to regulate the conduct of this type of business to protect = the public health, N.J.A.C. 13:37-16.1 to -16.6 and 13:37-5.5, pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-5= 3 to -67, which was adopted as P.L. 1999, c.19, effective February 8, 1999; and<= o:p>
W=
HEREAS,
the Mayor and Council =
has
previously adopted ordinances 04:13 and 05:31 modifying the provisions of
Chapter 157 of the Code and replacing them with provisions that are consist=
ent
with the State regulations; and
W=
HEREAS,
the purpose of this
ordinance is to further clarify the provisions of Chapter 157 of the Code a=
nd
replace them with provisions that are consistent with the State regulations=
.
N=
OW,
THEREFORE, BE IT ORDAINEDS=
ection
1: Section 157-3 of the Code of the Borough of
Norwood is amended to state the following:
&=
nbsp; 157-3
Massage Establishment License Requirement.=
&= nbsp; No person shall operate a Massage Establishment in the Borough without obtaini= ng from the Borough Clerk a Massage Establishment License. The person operating a Massage Establishment shall require that all persons working in the Massage Establishment wear and display the required photo identification card issue= d by the Norwood Police Department pursuant to the requirements of §157-4.<= o:p>
S=
ection
2: Section 157-4 of the Code of the Borough of
Norwood shall be amended to state the following:
&=
nbsp; 157-4 Massage Practitioner License
Requirement.
&=
nbsp; No
person shall work as a Massage Practitioner in the Borough without obtaining
from the Borough Clerk a Massage Practitioner License, which shall be in the
form of a photo identification card issued by the Norwood Police Department=
. Massage Practitioners shall wear a=
nd
display this photo identification card on their outermost garment at all ti=
mes
while working at a massage establishment.
Section 3:=
Section 157-14 of the C=
ode of
the Borough of Norwood shall be amended to state:
§157-14. Violations and penalties. A. Any person violating any of the provision=
s of
this chapter shall, upon conviction, be punished by imprisonment in the cou=
nty
jail for a term not exceeding 90 days, by a fine not exceeding $2,000, and/=
or
by a period of community service not exceeding 90 days, in the discretion of
the judge of the municipal court.
In addition to the foregoing, any person convicted of violating the
requirements of §157-3 or §157-4 shall be punished by a minimum f=
ine
of $150 for the first offense, $500 for the second offense, and license
revocation and a fine and jail term as set forth above for the third offens=
e.
B. A violation of any section of=
this
chapter shall also be grounds for revocation of any license, certificate of=
occupancy,
or permit issued by the Borough of Norwood for the premises.
C. Every day that the provisions=
of
this chapter are violated by any person, as defined herein, shall be a sepa=
rate
and distinct violation of this chapter.
S=
ection
4: All ordinances or parts of ordinances that are
inconsistent with the provision of this ordinance are hereby repealed, but =
only
to the extent of any inconsistencies.
S=
ection
5: The provisions of this ordinance are
severable. If any part of this
ordinance is declared to be unconstitutional or invalid by any court, the
remaining parts of this ordinance will remain in full force and effect.
S=
ection
6: This ordinance shall take effect upon passage =
and
publication in accordance with law.
Passed second reading:
ATTEST:
_________________________ =
_________________________
Lorraine L. McMackin, =
James
P. Barsa, Mayor
Borough Clerk
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NO\160111_1.DOC