HomeMy WebLinkAboutOrdinance_03-10_03/23/2010ORDINANCE NO. 3-10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING.
AT ARTICLE I. IN GENERAL. SEC. 78-4. DEFINITIONS. BY
AMENDING DEFINITIONS FOR THE TERMS "BUSINESS
SERVICE," "CLINIC," "HEALTH CARE FACILITY,"
"PROFESSIONAL OFFICE," "PROFESSIONAL SERVICE" AND
"RETAIL SALES AND SERVICE;" FURTHER AMENDING
CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL
REGULATIONS. BY CREATING AN ENTIRELY NEW SECTION
78-293. HEALTH CARE FACILITIES AND PROFESSIONAL
MEDICAL OR DENTAL OFFICES. TO ADOPT REGULATIONS
PERTAINING TO MEDICAL OFFICES AND THE DISPENSING
OF CONTROLLED SUBSTANCES; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta has determined
that in the absence of regulations identifying where narcotic drugs may be
dispensed, the Village's residents, visitors and businesses are more vulnerable
to criminal activity, despite the provision of law enforcement services; and
WHEREAS, the Village Council has recently been made aware by law
enforcement and news reports that a pattern of illegal drug use and distribution
has been associated with pain management clinics in neighboring municipalities,
which dispense narcotic drugs on-site; and
WHEREAS, the Village Council believes that these revisions to the Code
of Ordinances is in the best interests of the Village of Tequesta, and will promote
the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
1
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article I. In General. at Sec. 78-4 Definitions.
by amending the definitions for the terms "Business service" "Clinic" "Health care
facility" "Professional office" "Professional service" and "Retail sales and service"
to provide revisions relative to medical offices and the dispensing of controlled
substances; providing that such definitions shall hereafter read as follows:
Business service means an establishment primarily engaged in rendering
services to other business establishments on a fee or contract basis not involving
the sale of any goods or commodities available on the premises and not
dispensing a personal or professional service. Such establishments include such
activities as real estate, insurance, accounting or bookkeeping, financial
institution, management or consulting, or other similar uses.
Clinic means a facility including a health care facility, medical or dental
office where patients, who are not lodged overnight, are admitted for examination
and treatment by one person or a group of persons licensed by the state as a
physician, dentist, chiropractor, therapist or other similar health related
profession.
Health care facility or medical or dental office means providing health care
services to the public by physicians, dentists, chiropractors, osteopaths, physical
therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who
are also known as health care practitioners) or others who are duly licensed to
practice their respective medical or dental profession in the State of Florida, as
well as others, including but not limited to technicians and assistants, who are
acting under the supervision and control of a licensed health care practitioner.
Professional office means the office of a person engaged in any
occupation, vocation, or calling, not purely commercial, mechanical, or
agricultural, in which a professed knowledge or skill in some department of
science or learning is used by its practical application to the affairs of others,
either advising or guiding them in serving their interest or welfare through the
practice of an art founded thereon. This definition does not include offices for the
treatment of animals on the premises nor does it include health care facility or
medical or dental offices.
Professional service means the conduct of business in any of the following
related categories: architectural, engineering, planning, law, medicine (including
health care facilities and medical or dental offices), music, art, interior design,
dentistry, accounting, insurance, real estate, finance and securities investments
and any similar type business. This definition does not include offices for the
treatment of animals on the premises.
2
Retail sales and service means the selling of goods in small quantities
directly to the consumer in establishments which provide a service or offer a
product to the general public. This includes a pharmacy which means a retail
establishment primarily offering goods for- retail sale on-site dispensing of
prescription drugs, non-prescription drugs or both. A retail pharmacy may also
offer accessory services such as photo processing, eyeglass care, etc.
(1) Large scale retail sales and services means retail and/or service uses that
are regional (beyond village limits) serving in nature as opposed to small scale
retail sales and services which are local (village) serving in nature. Large scale
retail sales and services are tenant areas or individually owned units in excess of
3,500 square feet.
(2) Small scale retail sales and service means retail and/or service uses that
are local (village) serving in nature as opposed to large scale retail sales and
services which are regional serving in nature. Small scale retail sales and
services shall not exceed 3,500 square feet in gross leasable area for each
tenant area or individually owned unit.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations. at
Division 1. Generally. By creating an entirely new section 78-293. Health Care
Facilities and Professional Medical or Dental Offices. To provide regulations for
such uses relative to the dispensing of controlled substances; providing that
Section 7-293 shall hereafter read as follows:
Sec. 78-293. Health Care Facilities and Professional Medical or Dental
Offices.
(a) Health care facilities and medical or dental offices shall be subject
to the following regulations:
On-site dispensing of controlled substances that are identified in Schedule
II, III, IV of Section 893.03, or controlled substances that are identified in
Sections 893.035 or 893.0356, Florida Statutes, is strictly prohibited, unless
otherwise expressly permitted by statutory or general law. However, the following
are exempt from this prohibition:
1. A health care practitioner when administering a controlled
substance directly to a patient if the amount of the controlled substance is
adequate to treat the patient during that particular treatment session.
2. A pharmacist or health care practitioner when administering a
controlled substance to a patient or resident receiving care as a patient at a
hospital, nursing home, ambulatory surgical center, hospice, or intermediate care
facility for the developmentally disabled which is licensed by the state.
3. A health care practitioner when administering a controlled
substance in the emergency room of a licensed hospital.
4. A health care practitioner when administering or dispensing a
controlled substance to a person under the age of 16.
3
5. A health care practitioner when dispensing cone-time, 72-hour
emergency resupply of a controlled substance to a patient.
(b) Additionally, the health care practitioner responsible for the
operation or supervision of any medical or dental office shall execute an affidavit
acknowledging the regulations set forth hereinabove prior to .payment of the
required business tax, and annually thereafter upon renewal of same prior to the
issuance of a business tax receipt. Failure or refusal to execute the required
affidavit shall constitute prima facie evidence that the subject medical or dental
office is operating in violation of the code of ordinances, which may result in code
enforcement action, revocation of business tax receipt ,and/or any other actions
permitted by law.
Section 3: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 5: Should any Section or provision of this Ordinance or any
portion thereof, any paragraph, sentence or word be declared by a Court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall become effective immediately upon
passage.
4
Upon Second Reading this 23`d day of March 2010, the foregoing Ordinance was
offered by Council Member Turnquest who moved its adoption. The motion was
seconded by Council Member Humpage and upon being put to a vote, the vote was as
follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice-Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 23`d day of
March, 2010.
MAYOR OF TEQUESTA
Pat Watkins
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Lori McWilliams, CMC '_ ~. INCORPORATED .
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