HomeMy WebLinkAbout2012-OR-46 ORDINANCE NO. 2012 -OR- 7/
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
AN ORDINANCE AMENDING THE
JEFFERSONVILLE ZONING CODE (2000- OR -61) REGARDING OF PAIN MANAGEMENT CLINICS G
WHEREAS, on the 30 day of October, 2012 the Jeffersonville Plan Commission
recommended the adoption of an ordinance amending the zoning code of the City of
Jeffersonville relating to the location of pain management clinics; and
WHEREAS, the Common Council for the City of Jeffersonville ( "Common
Council ") finds that the existing zoning laws and regulations do not adequately
the location and operation of pain management clinics within the City of Jeffersonville;
address
and Y ffersonville,
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
created by these clinics, such as illegal prescription drug trafficking and sales of illie al
drugs around the clinics, and loitering in areas surrounding the clinics; and g
WHEREAS, the Common Council finds that, due to the significant, potential
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 pain
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
Jeffersonville, Clark County, Indiana that the City of Jeffersonville Zoning Code (2000-
OR 61) shall be amended as follows:
Article Fourteen, Section 14.2 (Definitions), is hereby amended as follows:
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 ain or for a
period of more than 90 days after surgery. p
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
the clinic primarily provide surgical services;
• 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 pain 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 ,3 day of ` 7 on rnrtm v , 2012, by the
Common Council of the City of Jeffersonville, Clark County, Indiana.
• Zastawn , Pre id ng Offi r
and Council President
ATTEST:
`14( /4/4/20-'
Vicki Conlin
Clerk ok < <%, 41
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
m. on this day of itu a pia.on , 2012.
Vicki Conlin
Clerk a . I, , I
/
Approved and signed by me at m. on this A day of o J.
2012.
0
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Mike Moore, ayor
Vetoed by me at m. on this
day of , 2012.
Mike Moore, Mayor