HomeMy WebLinkAbout2012-R-16 k 8
RESOLUTION NO 2012 -R- /
BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
RESOLUTION REFERRING PROPOSAL
TO AMEND ZONING ORDINANCE PERTAINING
TO PAIN MANAGEMENT ESTABLISHMENTS
WHEREAS, the Common Council of the City of Jeffersonville, Indiana
(hereinafter the Council) believes that in order to best protect the public health, safety
and welfare, it is necessary to amend the existing zoning ordinance; and
WHEREAS in order to amend the existing zoning ordinance, the Council must
refer its proposal for amendment to the Jeffersonville Plan Commission for its
consideration and recommendation pursuant to the requirements of I.C. 36- 7- 4- 607(b).
NOW THEREFORE the Council does hereby refer a proposal for amendment to
the Jeffersonville Zoning Ordinance attached hereto as Exhibit "A" to the Plan
Commission for its consideration and recommendation pursuant to I.C. 36 -7 -4 -607.
Passed and adopted this / day of - 2012, by the
Common Council of the City of Jeffersonville, lark County, Indiana.
/1 1, A...
Ed Zastawny, " e-': ing Offic'
{
and Council Pre : ident
ATTEST:
a tie/AD
Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
9& p m. on this day of OCkher , 2012.
Vicki Conlin
Clerk
Approved and signed by me at 3 wpm. on this s day of ( ):44:lo.i2,_ `oZa1,
1
w
'+1. •
i`
}
2012.
1
1 Mike Moor-, Mayor
t.
t Vetoed by me at m. on this • . y • 2012.
i
1.11111, t
i Amur f:
►-rte. z- Vc___ f
Y Mike Moore Mayor
L
t
t
i
1
I
S
i
i
t
f.
1
t
1
,
3 '
C:
t.
A
i
a
i
,
F�
5 tt
I
it
ui
i
� ,
n
r
9
EY ‘-\\6k-r l it; t i
1
.„„„,..._............„............._.
1
ORDINANCE NO 2012 -OR-
i
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
AN ORDINANCE AMENDING THE
JEFFERSONVILLE ZONING CODE (2000- OR -61) REGARDING I
LOCATION OF PAIN MANAGEMENT CLINICS
WHEREAS, the Common Council for the City of Jeffersonville ( "Common
Council ") finds that the existing zoning laws and regulations do not adequately address 1
i
the location and operation of pain management clinics within the City of Jeffersonville;
and I
WHEREAS, the Common Council believes further regulation as to the location of
new pain management clinics is necessary in order to limit or curb negative impacts l
created by these clinics, such as illegal prescription drug trafficking and sales of illegal
drugs around the clinics, and loitering in areas surrounding the clinics; and
WHEREAS, the Common Council finds that, due to the significant, potential 1
negative impacts associated with certain pain management clinics, it is necessary to
amend the City of Jeffersonville Zoning Code to include provisions for pain
management clinics in the City of Jeffersonville; and
WHEREAS, the Common Council finds that the adoption of this Ordinance is
necessary in order to protect the public health, safety and welfare;
NOW THEREFORE BE IT ENACTED by the Common Council for the City of f
Jeffersonville, Clark County, Indiana that the City of Jeffersonville Zoning Code (2000-
OR -61) shall be amended as follows:
1
Article Fourteen, Section 14.2 (Definitions), is hereby amended as follows: s
rt
a. Chronic Nonmalignant Pain is pain unrelated to cancer which persists beyond
the usual course of the disease or the injury that is the cause of the pain or for a
period of more than 90 days after surgery.
I
b. Pain Management Clinic means any privately owned clinic, facility, or office
which advertises in any medium concerning the availability of any type of pain -
management services or employs a physician or osteopathic physician or nurse
who is primarily engaged in the treatment of pain by prescribing or dispensing
substances controlled by federal and /or state law, but the term shall not include:
• A clinic where the majority of the physicians who provide services in i
the clinic primarily provide surgical services;
{
i
• A clinic that is owned by a publicly held corporation whose shares are
traded on a national exchange or on the over - the - counter market and
whose total assets at the end of the corporation's most recent fiscal
quarter exceeded $50 million;
• A clinic that is affiliated with an accredited medical school at which
training is provided for medical students, residents, or fellows;
• A clinic that does not prescribe or dispense substances controlled
by
federal and /or state law for the treatment of pain; or
• A clinic that is owned by a corporate entity exempt from federal
taxation under 26 U.S.C. s. 501(c)(3).
For the purposes of this definition, a physician, including an osteopathic physician, is
considered to be primarily engaged in the treatment of ain b
p by prescribing or dispensing
substances controlled by federal and /or state law when the majority of the patients seen
by such physician are prescribed or dispensed a substance controlled by federal or
state law for the treatment or purported treatment of chronic nonmalignant pain.
Article Seven (Development Standards) is hereby amended as follows:
7.30 Pain Clinic Standards (PC)
PC -01: This Pain Clinic Standards section applies to the following districts:
1 -2
Pain Management Clinics shall be sited a minimum of twenty -five hundred (2500)
feet from churches, parks, schools or residences.
Pain Management Clinics shall comply with the City of Jeffersonville's general
ordinance no. 2012 -OR- , An Ordinance Regulating the Location of Pain
Management Clinics and its subsequent amendments. Said ordinance is hereby
incorporated.
SO ORDIANED this day of 2012, by the
Y
Common Council of the City of Jeffersonville, Clark County, Indiana.
Ed Zastawny, Presiding Officer
and Council President
ATTEST:
Vicki Conlin
Clerk
p f
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
m. on this day of , 2012.
Vicki Conlin
Clerk
Approved and signed by me at m. on this day of
2012.
Mike Moore, Mayor
Vetoed by me at m. on this day of , 2012.
Mike Moore, Mayor
_ k
g2