Potterville City Council Minutes Thursday, July 18, :00 p.m. Potterville City Hall, 319 N. Nelson Street

Potterville City Council Minutes Thursday, July 18, 2013 7:00 p.m. Potterville City Hall, 319 N. Nelson Street Meeting was called to order by Mayor Bussard at 7:00pm Pledge of Allegiance Roll Call Present: Mayor J. Bussard, J. French, D. Hartson, R. Norman, K. Antcliff, L. Amey Absent: M. Storie Agenda Approval Motion made by J. French to approve agenda with additions of EMS For Action under unfinished business #2, November election For Discussion under new business #3, and Resolution 13-0620-03 For Discussion under new business #4, supported by D. Hartson. Motion carries (6-0-1) Approval of Minutes 1.) Regular Council Meeting 06/20/13 Motion made by R. Norman to approve minutes from Regular Meeting of 06/20/13 as presented, supported by K. Antcliff. Motion carries (6-0-1) 2.) Special Meeting 07/02/13 Motion made by L. Amey to approve minutes from Special Meeting of 07/02/13 as presented, supported by R. Norman. Motion carries (6-0-1) Authorization of Bills Motion made by K. Antcliff to approve Bills as presented, supported by J. French. Motion carries (6-0-1) Roll Call: Ayes: K. Antcliff, J. French, J. Bussard, L. Amey, D. Hartson, R. Norman Nay: None Approval of Bank Rec s June 2013- Tax Account June 2013- Street Account June 2013 Payroll Account Motion made by J. French to approve Bank Reconciliations for Tax, Street, and Payroll accounts for June 2013 as presented, supported by L. Amey. Motion carries (6-0-1) Roll Call: Ayes: J. French, J. Bussard, L. Amey, D. Hartson, R. Norman, K. Antcliff Nays: None Public Comment for Agenda Items Doug Smalley Upset with conversation about Viking View and Budget Council/Mayor Brief on New Business Mayor Bussard presented brief overview of agenda items. Commission/Committee Reports DDA Joe Bristol LaFave hardware has been sold to Remember When Online, DDA still owns grassy area to side of building. They approved donation to parks for woodchips. Gizzard Fest profited $200 this year. Communications Committee Had meeting to view and discuss new website. Website is ready to go live. Department Reports: Administration City Manager - Report submitted. WOW! Has sent letter regarding some changes that will be taking place. Independence Commons looking to add additional 80-90 homes. MDOT meeting to be held 07/31/13, Ron Norman will attend as representative from Infrastructure Committee. Clerk Report Submitted. Treasurer Report Submitted

Police - Report Submitted. Chief Peacock reports an increase in calls to the area. Working on National Night Out to be held August 6, 2013 at 7pm at City Park DPW No Report Submitted B. Boyce reported that the Ford truck has broken down and looking at cost of repair. Fire Report Submitted. Chief James was not in attendance. Parks Director Report Submitted Parks Developer Report Submitted Unfinished Business 1. Fire Department For Discussion Had meeting with Grand Ledge Fire regarding services. Interlocal meeting to be set with Benton Township to discuss appraiser. Review letter from Benton Township. 2. EMS For Action Discussed offer / contract from EAEMS. J. Truba to give city 30 days to decide. Council discussed and decided to Table EMS til 08/15/13 City Council Meeting. Motion Made by L. Amey to table EMS- For Action til 08/15/13 Council meeting, supported by J. French. Morion carries (6-0-1) 3. Charter Changer / Ordinances For Action Pool Fill Ordinance # 13-235 EATON COUNTY, MICHIGAN ORDINANCE NO. 13-235 AN ORDINANCE TO AMEND THE CODE OF THE BY ADDING CHAPTER 5 ENTITILED SWIMMING POOL ORDINANCE CHAPTER 5 SWIMMING POOLS ARTICLE I. ARTICLE II. Section 5-31 IN GENERAL SWIMMING POOLS this ordinance shall apply to all swimming pools located within the city limits of Potterville. Section 5-32 For the purpose of this ordinance a swimming pool is defined as any receptacle of water that is used or intended to be used for the purpose of immersion or partial immersion of human beings for swimming, bathing or diving and is capable of being filled, at any point, to the depth of 24 or more inches Section 5-33 A swimming pool that is under construction shall not be subject to this ordinance until construction is completed or until it fills with water to a depth of 24 inches or more, whichever occurs first. Section 5-34 Property owners shall be encouraged to fill swimming pools from house spigots. Property owners shall be exempt from sewer charges when installing and filling a new pool or when replacing liner that requires complete filling of the pool from the tap. The property owner must notify the Department no less than two (2) working days in advance prior to filling the pool. Upon notification, a Department employee will visit the property to determine the size of the pool. The Department employee shall use standard pool filling quantity formulas to determine how much water will be needed. That amount shall then be credited from sewer charges at the next billing. This exemption from sewer charges shall not apply to "topping off" pools, or for leaks. The Department shall be notified no less than two (2) working days prior to the pool filling. The pool filling shall only take place between 8:00 AM and 4:30 PM. The Department shall not be held responsible for any discolored (rusty) water discharged into the pool. Section 5-35 Barriers According to the Michigan Residential Code, fencing is required to surround your pool and be a minimum of 4 feet high, with the space between the bottom of the fence and the ground 2 inches or less. Gates All entrances to the pool area must open outward, away from your pool. Each gateway has to have a self-closing and self-latching device attached to it.

Access Ladders leading to your pool have to be removable, or must be locked in a position so they cannot be used by children to reach the water. Electrical Power outlets used to supply pool equipment must be at least 5 feet from the inside walls of your pool. The outlet can only be a single plug type, have a locking design, and must have ground-fault protection. Location An above-ground pool must be situated on your property at least 6 feet from a side or rear lot line. On a corner lot, or outside lot line, the distance is 10 feet. It is recommended that your pool be no closer than 10 feet to any building. Pools are not allowed in the front yard. Permits Building permits are necessary for any above-ground pool that is 2 feet deep or more to ensure all safety requirements are met. THIS ORDINACE SHALL TAKE EFFECT 45 DAYS AFTER PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE. THE FOREGOING ORDINANCE WAS INTRODUCED ON MAY 16, 2013 AT A REGULAR MEETING OF THE POTTERVILLE CITY COUNCIL BY M. STORIE AND SECONDED BY L. AMEY AND A PUBLIC HEARING WAS SCHEDULED FOR JUNE 20, 2013. AT A REGULAR MEETING OF THE CITY COUNCIL ON JULY 18, 2013, R. NORMAN MADE A MOTION TO ADOPT ORDINANCE # 13-235 SWIMMING POOLS. K. ANTCLIGG SECONDED. YEAS: R. NORMAN, D. HARTSON, J. BUSSARD, J. FRENCH, K. ANTCLIFF NAYS: L. AMEY ATTEST: Brandi Brace Potterville City Clerk Garage Sales Ordinance # 13-236 EATON COUNTY, MICHIGAN ORDINANCE NO. 13-236 AN ORDINACE TO AMEND THE CODE OF THE BY AMENDING CHAPTER 28, ARTICLE II, SECTIONS 28.31 28.35 AND ADDING SECTION 28.36 ENTITLED SECONDHAND GOODS, GARAGE SALES CHAPTER 28 SECONDHAND GOODS ARTICLE I. IN GENERAL Secs. 28-1 28-30. Reserved. ARTICLE II. GARAGE SALES Sec. 28.31 Purpose and intent It is the intent of this article to regulate and control the holding of garage and yard sales, as they may become nuisances and safety hazards if not so regulated, and so that residential areas do not become commercialized through a proliferation of such sales and similar commercial activity. Sec. 28-32. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Front yard means the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the building. Garage sale means and includes the public sale of any new or used tangible personal property which is conducted at a private residence in a residentially zoned district and which is advertised by any means, and shall include, by example and not by way of limitation, all sales entitled garage sale, yard sale, lawn sale, attic sale, or rummage sale, when conducted on a private residence and shall not include the sale of a single automobile by means of a for sale sign in the window. (Ord. No. 100, 1, 7-11-1977) Cross reference Definitions generally, 1-2. Sec. 28-33. Conduct of sales. No person or family shall conduct any garage sale within the city except pursuant to the following regulations: No more than two garage sales may be conducted at any residential premises within any one calendar year without express approval of the planning commission (2) No garage sales may be conducted, nor any goods publicly displayed, for a period of more than 72 consecutive hours. No wholesale sales shall be made at any garage or yard sale No salesmen s or free samples or the like shall be sold at any garage or yard sales. (Ord. No. 100, 2, 7-11-1977) Sec. 28-34. Permit required; display.

It shall be unlawful for any person to conduct a garage sale in the city without first filing with the clerk the information specified in this article and obtaining from such clerk a permit to do so, to be known as a garage sale permit. Each permit issued under this article must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the permitted sale. All signs posted must be removed within 24 hours after the close of the garage sale. No signs shall be posted on city property. Telephone or light poles. All garage sale signs must follow the provision of the zoning ordinance apeendix 1-4 section 19.07 (Ord. No. 100, 3, 7-11-1977) Sec. 28-35. Filing of information. The information to be filed with the clerk pursuant to this article shall be as follows: The name of the person conducting the sale. The name of the owner of the property on which the sale is to be conducted, and the consent of the owner if the applicant is other than the owner. The location at which the sale is to be conducted. The number of days of the sale. The entry and nature of any past sale. Whether or not the applicant has been issued any other vendor s license by any local, state, or federal agency. A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so. (Ord. No. 100, 4, 7-11-1977) Sec. 28-36 Hours, Parking; Noise No garage or yard sale shall continue later than ½ hour after sunset nor begin prior to 8:00 am No garage or yard sale shall be situated so as to obstruct traffic, nor shall any sale patrons park their vehicles so as to obstruct traffic Excessive noise emanating from the area of the garage or yard sale is expressly prohibited. THIS ORDINACE SHALL TAKE EFFECT 45 DAYS AFTER PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE. THE FOREGOING ORDINANCE WAS INTRODUCED ON MAY 16, 2013 AT A REGULAR MEETING OF THE POTTERVILLE CITY COUNCIL BY M. STORIE AND SECONDED BY L. AMEY AND A PUBLIC HEARING WAS SCHEDULED FOR JUNE 20, 2013. AT A REGULAR MEETING OF THE CITY COUNCIL ON JULY 18, 2013, L. AMEY MADE A MOTION TO ADOPT ORDINANCE # 13-236 GARAGE SALES. R. NORMAN SECONDED. YEAS: D. HARTSON, L. AMEY, J. BUSSARD, J. FRENCH, K. ANTCLIFF, R. NORMAN NAYS: NONE ATTEST: Drug Paraphernalia Ordinance # 13-237 Brandi Brace Potterville City Clerk EATON COUNTY, MICHIGAN ORDINANCE NO. 13-237 AN ORDINANCE TO AMEND THE CODE OF THE BY AMENDING CHAPTER 20, ARTICLE VII, BY ADDING SECTION 20-185 TO 20-191 ENTITLED DRUG PARAPHERNALIA CHAPTER 20 OFFENSES ARTICLE VII OFFENSES AGAINST PUBLIC SAFETY Section 20-185. Definitions; determination. (A) Term Defined. The term "drug paraphernalia means all equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of state or local law. It includes, but is not limited to: (1) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2 ) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; (3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; (5) Scales or balances used, intended for use or designed for use in weighing or measuring controlled substances. (6) Diluents and adulterants, such as quinine hydrochloride mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances. (7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities or controlled substances. (10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, intended for use or designated for injecting controlled substances into the human body. (12) Objects used, intended for use or designed for use in ingesting, inhaling or other or otherwise introducing marijuana, cocaine, hashish or methamphetamine into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or puncture metal bowls; (b) Water pipes; (c) Smoking carburization masks; (d) Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (e) Miniature cocaine spoons and cocaine vials: (f) Chamber pipes; (g) Carburetor pipes; 1 (B) Determination. In determining whether an object is "drug paraphernalia" a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the objects concerning its use: (2) Prior convictions, in any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substances; (3) The proximity of the object, in time and space, to a direct violation of the state law; (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object: (6) Direct circumstantial evidence of the intent of an owner, or anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonable know, intend to use the object to facilitate a violation of state or local law or of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of state, local law or this act; shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia; (7) Instructions, oral or written, provided with the object concerning its use: (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use: (10) The manner in which the object is displayed for sale; (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer or tobacco products: (12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise: (13) The existence and scope of legitimate uses for the object in the community (14) Expert testimony concerning its use. Section 20-186- Possession prohibited - It is unlawful for any person to use, for to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of state or local law. Section 20-187- Manufacture. delivery or sale prohibited - It is unlawful for any reason to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowing that it will be used to plant, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of state or local law. Section 20-188 - Advertisement prohibited - It is unlawful for any person to place in any newspaper, magazine, handbill, sign, poster or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Section 20-189 - Exceptions - This article shall not apply to manufacturers, wholesalers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists and embalmers in the normal legal course of their respective business or profession, not to persons suffering from diabetes, asthma or any other medical condition requiring self-injection. Section 20-190 - Civil Forfeiture - Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this article shall be seized and forfeited to the City of Potterville. Section 20-191 - Penalty for violation - Any person who shall be convicted of violation of any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or both, at the discretion of the court. Each day a violation continues shall be considered a separate offense and may be punished accordingly. THIS ORDINACE SHALL TAKE EFFECT 45 DAYS AFTER PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE THE FOREGOING ORDINANCE WAS INTRODUCED ON MAY 16, 2013 AT A REGULAR MEETING OF THE POTTERVILLE CITY COUNCIL BY M. STORIE AND SECONDED BY L. AMEY AND A PUBLIC HEARING WAS SCHEDULED FOR JUNE 20, 2013. AT A REGULAR MEETING OF THE CITY COUNCIL ON JULY 18, 2013, L. AMEY MADE A MOTION TO ADOPT ORDINANCE # 13-237 DRUG PARAPHERNALIA. R. NORMAN SECONDED. YEAS: L. AMEY, J. BUSSARD, J. FRENCH, K. ANTCLIFF, R. NORMAN, D. HARTSON NAYS: NONE ATTEST: Noise Regulations Ordinance # 13-238 Brandi Brace Potterville City Clerk EATON COUNTY, MICHIGAN ORDINANCE NO. 13-238 AN ORDINACE TO AMEND THE CODE OF THE BY AMENDING

CHAPTER 12, ARTICLE IV, SECTION 12-92 ENTITLED NOISE, PROHIBITED NOISES. Chapter # 12 NOISE REGULATIONS Article IV Noise Regulations Division 1. Generally Sec.12-92. Prohibited noises. (a) Generally. It is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. Any violation of the enumerated acts below constitutes a civil infraction subject to the fines and penalties as dealing with establishing civil infractions actions and a municipal ordinance violations bureau. (b) Enumerated. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in the violation of this article, but this enumeration is not exclusive: (1) Horns, signaling devices, etc. The sounding of any horn or signaling device of any automobile, motorcycle, or other vehicle on any street or public place, except as a danger warning, the creation by means of any such signaling device of any unreasonable loud or harsh sound, the sounding of any such device for an unnecessary and unreasonable period of time, the use of any horn, whistle or other device operated by engine exhaust, and the use of any such signaling device when traffic is for any reason held up; (2) Radios, phonographs, etc. Except as otherwise permitted by the city ordinance, as hereinafter prescribed, the use, operation or permitting the use or operation of any radio or receiving set, musical instrument, phonograph, or other machine or device designed for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of others in the vicinity, or with a volume louder that is necessary for the convenient hearing for the person or persons who are in the room, vehicle or chamber in which the device is operated and who are voluntary listeners. The operation of any of the above-named devices between the hours of 11:00 p.m. and 7:00 a.m., or in such a manner that the noise is plainly audible as a distance of 50 feet from the source of the noise will be prima facie evidence of a violation of this subsection; (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph loudspeaker, sound amplifier or other machine or device for the producing of reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or to attract attention of the public to any building or structure; (4) Yelling, shouting. Except as otherwise permitted by the city ordinance, as hereinafter provided, yelling, shouting, hooting, whistling, or singing on the public streets or any other public place, between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of person in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity; (5) Engine exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or other motor vehicle except though a muffler or other device which will effectively prevent loud or explosive noises; (6) Defect in vehicle or load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or annoyance; (7) Loading or unloading; opening boxes. Creation of a loud and excessive noises in connection with loading unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers; (8) Construction or repair of buildings. The erection (including excavation, demolition, alteration or repair) of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and only with a permit from the city manager, which may be granted for a period not to exceed three days or less while the emergency continues and which may be renewed for periods of three days or less while the emergency continues. If the city manager determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or excavation of streets or highways between the hours of 6:00 p.m. and 7:00 a.m., and if the city manager further determines that loss or inconvenience will result to any party in interest, the city manager may grant permission for the work to be done during the hours of 6:00 p.m. and 7:00 a.m. upon application. If the city manager shall determine that such work does actually impair the public health and safety, then such permit may be revoked by the city manager. (9) Schools, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, hospital, or court while the same is in session, which interferes with the work of the institution or which disturbs or unduly annoy patients in the hospital, provided that conspicuous signs are display in such streets indicating that the same is a street upon which a school, hospital or church or court is located; (10) Hawkers and peddlers. Shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood; (11)Drums for commercial purposes. The use of any drum or other instrument or device for the purposes of attracting attention to any performance, show or sale by creation of noise; (12)Transportation of materials. The transportation of any material over the streets and other public places so as to cause loud noises or so as to disturb the peace and quiet of such streets; (13) Pile drivers, hammers, etc. The operation between the hours of 7:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoists or other appliances, the use of which is attending by loud or unusual noise;

(14) Blowers, fans, engines. The operation of any noise created by any blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower is muffled and the engine is equipped with a muffler device sufficient to deaden the noise. (c) City manager approval. (1) Any person, firm or entity proposing to conduct any activity or operate any sound producing device which is reasonably expected to produce a sound or occur at a time in violation of this section shall apply to the city manager for a permit to allow such conduct or the use of such device. In determining whether to issue such permit, the city manager shall consider: a. The date and time of the proposed conduct; b. The location of the proposed conduct; c. The natural and proximity of other dwellings and/or uses; d. The type of proposed conduct and/or the type of device proposed to be used; e. The purpose for such conduct or the use of such device. THIS ORDINACE SHALL TAKE EFFECT 45 DAYS AFTER PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE THE FOREGOING ORDINANCE WAS INTRODUCED ON MAY 16, 2013 AT A REGULAR MEETING OF THE POTTERVILLE CITY COUNCIL BY M. STORIE AND SECONDED BY L. AMEY AND A PUBLIC HEARING WAS SCHEDULED FOR JUNE 20, 2013. AT A REGULAR MEETING OF THE CITY COUNCIL ON JULY 18, 2013, K. ANTCLIFF MADE A MOTION TO ADOPT ORDINANCE # 13-238 NOISE REGULATIONS. R. NORMAN SECONDED. YEAS: J. BUSSARD, J. FRENCH, K. ANTCLIFF, R. NORMAN, D. HARTSON, L. AMEY NAYS: NONE Massage Establishments Ordinance 13-239 ATTEST: Brandi Brace Potterville City Clerk EATON COUNTY, MICHIGAN ORDINANCE NO. 13-239 AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE II OF THE CODE OF ORDINANCE ENTITILED MASSAGE ESTABLISHMENTS Chapter 8 BUSINESS REGULATIONS Article I In General Secs. 8-1-- 8-30. Reserved. Article II Massage Establishments Division 1. Generally Sec. 8-31. -- Definitions. Sec. 8-32. License required. Sec. 8-33. Contents of license application. Sec. 8-34. -- Applications for license. Sec. 8-35. License fee. Sec. 8-36. -- Display of license. Sec. 8-37. -- Violations, penalties and forfeiture of license. Sec. 8-38. -- Enforcement provisions. Sec. 8-39. Exceptions. Sec. 8-40. -- Maintenance of premises. Sec. 8-41. -- Advertising restricted. Sec. 8-42. -- Scope of service. Sec. 8-43. Disease control. Sec. 8-44. Minors. Sec. 8-45. Linens, wearing apparel, etc. Sec. 8-46. Areas for the practice of massage therapy restricted. Sec. 8-47. Students prohibited from the practice of massage therapy upon each other. Sec. 8-48. Protection of patron. Sec. 8-31. - Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Apprentice or student means any person who, under the guidance of an instructor in a massage school or in a massage establishment, is being trained or instructed in the theory, method or practice of massage therapy. Employee means any individual who is paid by the operator or customer for performing any service for the operator or customer at the licensed location. Instructor means any person who gives lessons or teaches the theory, method or practice of massage therapy. Massage establishment means any place or establishment where a massage is offered or performed, whether as the primary or secondary purpose of a business. Massage school means any of the following accredited of licensed institutions of higher education that meet the minimum standards and curriculum, in compliance with section 16148 of Public Act No. 368 of 1978 (MCL 333.16148): (1) A public or private community college, college, or university.

(2) A public or private trade, vocational or occupational school. Massage therapist means any individual engaged in the practice of massage therapy. Operator means any person who owns, manages, supervises or is any way in the charge of the operations of a massage establishment or massage school. Practice of massage therapy means: (1) The term practice of massage therapy means the application of a system of structured touch, pressure, movement and the holding to the soft tissue of the human body in which the primary intent is to enhance or restore the health and well-being of the client. The term practice of massage therapy includes complementary methods, including the external application of water, heat, cold, lubrication, salt scrubs, body wraps or other topical preparations; and electromechanical devices that mimic or enhance the actions possible by the hands. (2) The term practice of message therapy does not include medical diagnosis; practice of physical therapy; high-velocity, low-amplitude thrust to a joint; electrical stimulation; application of ultrasound; of prescription of medicines. Sec. 8-32. License required. Any person who owns, conducts, manages or is in charge of an existing or proposed massage establishment or massage school as defined herein, shall be required to obtain a license from the City. It is hereby declared to be unlawful for any person to engage in the business of a massage establishment school as, defined herein, without first obtaining a license as provided in this chapter. Sec. 8-33. Contents of license application, age restrictions, changes. Sec. 8-33.1 Contents of application. In addition to the information required when applying for a business license, the application for a massage establishment or massage school license shall contain the following information: a. Name and address of the applicant and the name and address of the owner of the massage establishment or massage school. If a partnership, the name and address of each partner thereof. If a corporation, the name and address of the local officials, managing employees and the resident agent of such corporation. b. Whether applicant has ever been convicted of a violation of this chapter or has ever been convicted of any felony. c. The place where the massage establishment or massage school is to be established. d. A list of the formal training in massage completed by each masseur/masseuse employed in the establishment with dates of completion or award of degree. e. A listing of the massage-related experience of each masseur or massuse. Sec. 8-33.2. Age. No license shall be issued to any applicant unless applicant be over 18 years of age. Sect. 8-33.3. Changes. In the event of any change in the information furnished pursuant to Sections 8-33.1 through 8-33.2, it shall be the duty of the licensee to inform the City Clerk, City Fire Chief, City Zoning official, and the City Police Chief of such changes. Sec. 8-34. Applications for license to be in duplicate; investigation and forwarding to the City Council. The application for license shall be made in duplicate, both copies of which shall be filed with the City Clerk who shall investigate the named and cause: 1) the City Police Chief to ascertain if the applicant is without a felony, 2) the City Zoning official to ascertain from an investigation of the location where applicant proposes to operate a massage establishment or massage school whether such operation would be violate any building ordinance, zoning ordinance or statue, and 3) The City Fire Chief to determine from an investigation of the location where applicant proposes to operate such massage establishment or massage school whether such operation would violate any fire safety ordinance or statue. Upon the City Clerk s determination that the applicant meets the requirements contained in this chapter, and upon receipt of approvals from the City Police Chief, City Zoning official and the City Fire Chief, the City Clerk shall submit one copy of the application to the City Council with a Clerk s recommendation of approval, shall approve such application. Sec. 8-35. License fee. Every owner, instructor, or operator shall pay the following license fee to the City Clerk for the privilege of operating or maintaining a massage establishment or school as defined herein: The annual license fee for each instructor shall be $10.00. The annual license fee for an owner/operator and for each massage establishment and massage school shall be $50.00. In the event that a massage establishment and massage school are being operated at the same address, only one fee of $50.00 shall be charged. Sec. 8-36. -- Display of license, transfer of location or ownership. (a) New Location. If a licensee shall move his place of business to another location within the City, the license may be transferred to the new location upon application to the City Clerk, giving street and number of new location, and the approval thereof being given by the City Police Chief, City Zoning official and the City Fire Chief and City Council. (should this new location require a new fee) (b) New Owner. When the business of a licensee is sold or transferred, the licensee or licenses of such licensee may be transferred to the new owner or transferee upon application to the City Clerk giving new owner or transferee name(s) with the consent of the City Police Chief, City Zoning official and the City Fire Chief and City Council as prescribed in Secs. 8-33 and 8-35. (c) Display of license. The license granted by the City of Potterville shall be displayed in plain view of all patrons together with the license/proof of graduation from a school of massage licensed by the state. Sec. 8-37. - Violations, penalties and forfeiture of license. (a) It shall be unlawful for any person to knowingly allow the use of any place, business, establishment or premises owned, operated, leased or managed by him/her to be used in the violation of any provisions of this section or any other ordinances of the city or any state law. (b) It shall be a misdemeanor for any person to violate any provisions of this section or to aid, assist or abet another to violate such provisions, rules or regulations. (c) In addition to any other penalty provided under this section, any licensee hereunder who shall be convicted a second time of a violation of any of the provisions in this chapter shall upon such second conviction forfeit any and all rights or privileges granted or conferred by any license issued by virtue of this chapter. Sec. 8-38. - Enforcement provisions. (a) The city clerk shall have the authority to request the assistance of any department designated by the city manager in order to enforce these rules and regulations. (b) Every establishment being operated as a massage establishment or massage school shall be open for inspection by duly authorized representative of any city department concerned with the licensing and supervising of such establishment during operating hours for the purpose of enforcing any of the provisions of this chapter or other ordinances or regulation of the city relating to the public health, safety and welfare. (c) The hours of operation shall be set by the city council and be listed on the license granted to any applicant. The hours of operations may be modified by the council on its own motion, or subject to the council s discretion in response to a request by the applicant or licensee. (d) It shall be unlawful for any person to refuse entry to premises in which a massage establishment or massage school is being operated, by duly authorized city, county and state representative for the purpose of making lawful inspections.

Sec. 8-39. - Exceptions This section shall not apply to licensed individuals engaged in the personal performance of the duties of their respective profession including physicians, surgeons, chiropractor, osteopaths, physical therapists, registered nurses, athletic trainers of any organized athletic team or an individual operating under the direct personal supervision of such licensed person, or a massage therapist, who meets one or more of the following criteria: (1) Proof of graduation from a school of massage licensed by the state. (2) Official certified transcripts verifying completion of at least 300 hours of message training from an American college or university, plus three references from massage therapists who are professional members of a recognized message association. (3) Certificate of professional membership in the American Massage Therapy Association, International Myomassethics Federation or any other recognized message therapy association with equivalent professional membership standards. Sec. 8-40. - Maintenance of premises. (a) Every establishment shall be kept clean and in a sanitary condition at all times. All tables and surfaces on which the practice of massage therapy is performed shall be covered by a permanent, washable material. (b) The premises used for a massage establishment shall be well-lighted and ventilated. They shall be kept clean and the furniture and equipment shall be maintained in a safe and sanitary condition. There shall be adequate supply of running hot and cold water during business hours. Bathing devices shall be thoroughly cleaned before the use of each patron. Sec. 8-41. - Advertising restricted. It shall be unlawful for any person to advertise the offering of the practice of massage therapy unless the advertised establishment is duly licensed. Sec. 8-42. - Scope of service. (a) No apprentice or student shall perform the practice of massage therapy unless in the presence and under the supervision of an instructor. (b) Service in massage establishments licensed under this section shall be limited to exercise, baths and the practice of massage therapy. Medical treatment of any kind shall not be given to any patron without a prescription from a licensed physician. The use of any medical or electrical devices other than heat lamps and sunray lamps is prohibited. (c) The private parts of patrons must be covered when in the presence of an employee, massage therapist. Any contact with a patron s genital areas are prohibited. Sec. 8-43. - Disease control. (a) No person who has any visible symptoms of a communicable disease, such as a rash, discharge, or fever may be attended by a licensee under this section or any person engaged in the practice of massage therapy. (b) Each applicant for an apprentice or student certificate of registration, employee or applicant for an instructor s or operator s license under this section or a renewal thereof, shall present to the city clerk a certificate from a register physician, certifying that he/she is free from communicable disease. A current certificate shall also be provided prior to the renewal of any license. If the city council receives information that any individual defined in section 34-1 may no longer be free of a communicable disease then the council may in its discretion direct that such individual terminate the presence at the licensed establishment shall be a basis for the immediate suspension of the license and closure of the business until compliance is obtained. (c) The skin of the hands of those attending patrons shall be clean and in healthful condition, and the nails shall be kept short. The hands shall be washed thoroughly before providing the patron any service. A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment. There shall be provided, at each wash basin, sanitary towels placed in permanently installed dispensers. Sec. 8-44. Minors. (a) The practice of massage therapy shall not be performed on any individual under the age of 18 years, and it shall be the obligation of the operator and its employees to ascertain the age of any individual requesting massage therapy, and if such individual is unable to provide proof of age of 18 or older, it shall be a violation of this section to provide the practice of massage therapy for or on behalf of this individual. Unless the person under the age of 18 is accompanied by a parent or guardian during the massage/treatment and signs a waiver, this provision shall not apply. (b) No person under the age of 18 years old shall enter or remain, nor shall the owner or operator allow any such person to enter or remain, on the premises of a massage establishment at any time. (c) No person operating a massage school or massage establishment, nor any instructor, shall permit training of an apprentice or student who has not attained the age of 18 years. (d) It shall be unlawful for any person to falsify his/her age in order to obtain training as an apprentice of student in a massage school or massage establishment. Sec. 8-45. Linens, wearing apparel, etc. (a) All robes, towels, blankets and linens furnished for the use of one patron shall be thoroughly laundered before being offered to another. (b) Nontransparent uniforms or garments covering the torso shall be worn by the instructor, operator, massage therapist, employee or apprentice while attending patrons, which shall be of washable material, and shall be kept in clean condition. The sleeves shall not reach below the elbow. Sec. 8-46. Areas for the practice of massage therapy restricted. (a) The practice of massage therapy shall not be performed in a massage establishment or massage therapy school in a private room which is closed to other persons by means of a door containing any latch or locking device. However, reasonable measures may be used to offer privacy to patrons such as partitions, stalls, curtains and the like. (b) No massage establishment shall be conducted indirect connection with living quarters. Sec. 8-47. Students prohibited from the practice of massage therapy upon each other. Students at a massage school shall be prohibited from performing the practice of massage therapy on each other Sec. 8-48. Protection of patron. Any person providing any service to a patron shall exercise every precaution for the safety of such patron. They shall watch for early signs of fatigue or weakness and immediately discontinue whatever form of service is being given upon the appearance of such signs. Secs. 8-49 8-100. Reserved. This Ordinance shall take effect 45 days after publication in a newspaper of general circulation within the City of Potterville. The foregoing ordinance was introduced on May 16, 2013, at a Regular meeting of the Potterville City Council by M. Storie and seconded by L. Amey and a public hearing was scheduled for June 20, 2013. At a regular meeting of the City Council on July 18, 2013, R. Norman made a motion to adopt Ordinance No. 13-239 Massage Establishments. K. Antcliff seconded. YEAS: J. French, K. Antcliff, R. Norman, D. Hartson, L. Amey, J. Bussard NAYS: none Attest:

Brandi Brace Potterville City Clerk Motion made by L. Amey to table Charter Changes to August 15, 2013 City Council Meeting, supported by R. Norman. Motion carries ( 6-0-1) 4. Sale of Vacant City Lot For Action Offer made by DDA to purchase vacant lot on Main Street. Motion made by R. Norman to accept offer of $10,000 from DDA for purchase of vacant lot on Main Street (DDA to pay transfer fees) with no conditions, supported by K. Antcliff. Roll Call Vote (Ayes: K. Antcliff, J. French, Mayor Bussard, D. Hartson, R. Norman, L. Amey) (Nay: None) (absent: M. Storie) Motion carries (6-0-1) 5. Community Bldg. For Discussion Discussion tabled til 08/15/13 council meeting. (If TIFA moves forward with Community Building will Council support Resolution to help reduce interest rate?) 6. Medical Marijuana Moratorium For Discussion Six (6) month Moratorium up for renewal August 2013. This will need to be voted on during August 15, 2013 Council Meeting. New Business 1. City Website update For Discussion Website was reviewed by Communications Committee and will be going live. 2. Farmers Market For Discussion Preliminary Rules and Procedures have been given to Council for review. Will this be run by City or DDA? Table discussion til 08/15/13 3. Elections For Discussion November 5, 2013. Need to look at Public Safety Mileage or Charter Ammendment for November Election. 4. Resolution 13-0620-03 Council does not feel that rate for sewer of non-residents fee is correct. Motion made by R. Norman to Change Exhibit A of Resolution 13-0620-03 to read Annual fee of $1000.oo for Non-City Non-Metered residents utilizing the City Water & Sewer System, with the option to pay monthly. Water only $26.40, Sewer Only $30.33, supported by L. Amey. Roll Call Vote (Ayes: K. Antcliff, J. French, Mayor Bussard, D. Hartson, R. Norman, L. Amey) (Nay: None) (absent: M. Storie) Motion carries (6-0-1) Public Comment for Items Not on the Agenda & Community Announcements Potterville 1985 Women s Basketball Team will be inducted into the Hall of Fame on July 25, 2013. Excuse absent Members Motion made by L. Amey to excuse absent member M. Storie, supported by K. Antcliff. Motion carries (6-0) Motion to Adjourn Motion made by K. Antcliff to Adjourn meeting, supported by R. Norman. Morion carries (6-0) 9:13pm