ORDINANCE NO. WHEREAS, the California Massage Therapy Council ( CAMTC ) began issuing certificates on September 1, 2009; and

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1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING CHAPTER 8.38, MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS TO THE CITY OF PETALUMA MUNICIPAL CODE WHEREAS, this chapter is intended to provide for the orderly regulation of persons and establishments engaged in massage therapy, while recognizing the practice of massage therapy as a valid professional field; and WHEREAS, in September 2008, the State of California adopted Senate Bill 731 (SB 731) codified in Business and Professions Code 4600 et seq., creating a voluntary certification program for massage professionals who meet certain educational requirements; and WHEREAS, the California Massage Therapy Council ( CAMTC ) began issuing certificates on September 1, 2009; and WHEREAS, qualified applicants that receive a certificate from the CAMTC and massage establishment applicants that employ only massage professionals who have received certificates from the CAMTC are entitled to practice massage therapy throughout the State without having to comply with local government regulation not applicable to other types of licensed professional services practitioners; and WHEREAS, certain massage professionals and massage establishments within the City of Petaluma have not obtained certification from the CAMTC, unless otherwise exempted by this ordinance; and WHEREAS, by enacting Chapter 8.38, the City Council does not intend to regulate any area preempted by state law, including but not limited to, Chapter 10.5 (commencing with Section 4600 ) of Division 2 of the California Business and Professions Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Chapter 8.38, Massage Establishments and Massage Professionals is hereby added to the Petaluma Municipal Code, to read in full as follows: Chapter 8.38 MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS Purpose and intent. It is the purpose and intent of the city council that the operation of massage establishments and massage professionals as defined in this chapter should be regulated so as to further the public interest, safety, and welfare by establishing minimum building, sanitation, and health standards for massage establishments and minimum qualifications for massage professionals.

2 Definitions. For the purpose of this chapter, the following words and phrases shall mean or include: A. Approved school means an approved school as defined in Business and Professions Code section 4600(a). B. California Massage Therapy Council or CAMTC means the non-profit organization created pursuant to Chapter 10.5 of the Business and Professions Code and/or any subsequent amendment or superseding statute, and/or any successor organization. C. Certificate or CAMTC certificate means a certificate, or conditional certificate, issued by the CAMTC to Massage Therapists, pursuant to California Business and Professions Code Section 4601(c), and/or to Massage Practitioners pursuant to subdivision 4601(b), or 4604(a), or 4604(c), and/or certificates issued pursuant to Chapter 10.5 of the Business and Professions Code. When used in this chapter, CAMTC certification means having a valid CAMTC certificate. D. Certified massage establishment means a massage establishment that employs or uses only massage professionals with CAMTC certification to perform massage services. Unless otherwise stated, certified massage establishment includes certified sole proprietorships. E. Certified sole proprietorship means a sole proprietorship where the owner has received CAMTC certification or qualifies under the City of Petaluma Permit, and is the only provider of massage services for that business. F. Fee means the fee required by this chapter to be paid upon application in connection with issuance of a permit. G. Permit administrator means the police chief of the city, his/her designee, or any other person designated by the city manager to issue permits and enforce the regulations adopted by this chapter. H. Health officer means the health officer of Sonoma County or his/her authorized representative. I. Massage means the method of treating the superficial parts of the body, excluding specified anatomical areas, for medical or hygienic purposes by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance commonly used in the practice of massage, and with or without supplementary aids such as rubbing alcohol, oils, powders, creams, lotions, ointment, or other similar preparations commonly used in the practice of massage. Massage includes such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities.

3 J. Massage establishment means a business conducted by any individual, firm, association, partnership, corporation or combination of individuals which provides or offers massage in exchange for money or other consideration. K. Massage establishment permit means the permit to operate a massage establishment issued pursuant to this chapter. L. Massage professional means any person who administers massage to another person, for any form of consideration or pecuniary compensation. M. Massage professional permit means a permit issued by the city authorizing a person to engage in the business of massage within the city. N. Outcall massage means a massage performed not at a fixed location, but at a location that is determined by the client or customer. O. Renewal fee means the fee required for renewal of a permit issued pursuant to this chapter. P. Specified sexual activities means any of the following: 1. Fondling or other erotic touching of a specified anatomical area. 2. Sex acts, actual or simulated including but not limited to intercourse, oral copulation, masturbation or sodomy. 3. Excretory functions as part of or in connection with the activities specified in this section Exemptions. The provisions of this chapter shall not apply to the establishments and individuals listed below while engaged in the performance of the duties of their respective licensed or certificated professions: A. Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly licensed to practice their respective professions in the state. B. Hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice in the healing arts under the laws of the State of California, or persons working under the direction of any such persons or in any such establishments. C. Barbers, cosmetologists, and manicurists who are duly licensed under the laws of the state, except that this exemption shall apply solely to the massaging of the neck, face, scalp, hair, hands or feet of the customer or client. D. Teachers or students enrolled in a school, as defined in the Implementing Zoning Ordinance, and participating in the teaching and/or administration of massage by authorized school employees in conjunction with athletic programs, training in the healing arts or other school courses.

4 E. Holders of CAMTC certificates as massage practitioners or massage therapists, provided they comply with sections , B, C, , and F. Certified massage establishments and certified sole proprietorships provided they comply with sections , B, C, , , , and Massage professionals and massage establishments operating in the city on the effective date of this chapter 120 day grace period. Within one hundred and twenty (120) days of the effective date of this chapter, any massage professional or massage establishment in operation in the city that possesses a current city business license for massage services and that is subject to the requirements of this chapter, shall apply for the permit(s) required by this chapter or provide to the permit administrator copies of valid CAMTC certificates as required by this chapter. Massage professionals and massage establishments that are subject to the requirements of this chapter, and that have a current city business license and that have submitted a complete permit application in accordance with this chapter may continue operation for no more than one hundred and twenty (120) days following the effective date of this chapter, while the permit application is processed. All massage professionals and massage establishments that are subject to the requirements of this chapter, and that are in operation in the city one hundred and twenty one (121) days or more after the effective date of this chapter must have a current city business license, and must have provided valid CAMTC certificates or been issued a permit in accordance with this chapter, or be subject to penalties specified in this chapter and other applicable laws. Massage professionals and establishments cannot lawfully operate in the city and are ineligible for issuance of a permit pursuant to this chapter unless they possess a current city business license Massage professional certification required. A. It shall be unlawful for any person subject to the requirements of this chapter to provide massage services or practice massage within the city unless they have a valid, unexpired and unrevoked massage professional permit issued by the permit administrator or a valid, unexpired and unrevoked CAMTC certificate. B. Every massage professional shall also obtain a business license from the city pursuant to Chapter 6.01 of this code. C. The application for a massage professional permit shall be upon a form provided by the permit administrator and shall set forth and include the following: 1. The applicant s full name, all other names the applicant uses or has used, residential address, and residence telephone number; 2. The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same; 3. The names and addresses of any and all previous establishments where applicant has been employed as a massage professional, including evidence of continuous practice of massage therapy in the City of Petaluma since January 1, 2010;

5 4. A portrait photograph at least two inches by two inches, together with a complete set of the applicant s fingerprints which shall be taken by the Police Chief or his/her agent; 5. Written proof that applicant is over the age of eighteen years; 6. The applicant shall sign an affidavit that they knowingly are free from any contagious and/or communicable disease capable of being transmitted through the performance of massage. 7. A diploma, certificate of graduation or transcripts of course work from an approved school showing satisfactory completion of one hundred hours (100) or more of nonrepetitive curriculum, with a passing grade or better in health theory, health care, anatomy, physiology, psychology, biomechanics, or kinesiology or similar curriculum. 8. Except where the applicant is the owner or operator of the massage establishment named in response to subsection (C) (2) of this section, a statement signed by the owner or operator of the massage establishment named in response to subsection (C) (2) of this section indicating his/her intent to employ the applicant as a massage professional; 9. Each conviction, plea of guilty, or plea of nolo contendere for violations of the following sections of the California Penal Code: a. 366(i) (pandering); b. 315 (keeping or residing in a house of ill fame); c. 316 (keeping a disorderly house or lets any premises knowing that it is to be used for the purpose of assignation or prostitution); d. 318 (prevailing on a person to visit a place of prostitution); e. Subdivision (a) of Section 647 (lewd conduct); f. Subdivision (b) of Section 647 (disorderly conduct by soliciting or engaging in prostitution); 10. Each conviction, plea of guilty or plea of nolo contendere for felony offenses involving the sale of controlled substance specified in Sections 11054, 11055, 11056, 11057, or of the California Health and Safety Code; 11. Any misdemeanor or felony offense which relates directly to the practice of massage; 12. Any felony, the commission of which occurred on the premises of a massage establishment, or in the course of massage; 13. Each conviction, plea of guilty or plea of nolo contendere for an offense involving the use of force and violence upon the person of another or of an offense involving the theft of property;

6 14. Each conviction, plea of guilty or plea of nolo contendere for attempt or conspiracy to commit any offenses listed in this section; 15. Each conviction, plea of guilty or plea of nolo contendere for offenses committed in a jurisdiction outside of the State of California which if committed within the State of California would fall within one of the offenses listed in this section; 16. Whether the applicant is required to register under provisions of Section 290 of the California Penal Code (registration as a sex offender); 17. Whether the applicant, or a former employer of the applicant while so employed, or a building in which the applicant was so employed, was ever subjected to an abatement proceeding under Sections through (Red Light Abatement Act) of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California; and 18. Whether any permit to engage in the practice of massage as a massage professional or otherwise has previously been denied applicant or revoked, and, if so, the circumstances of such denial or revocation. D. Upon receipt of an application, the permit administrator shall refer the application to the police department. The police department shall make an investigation and submit a written recommendation to the permit administrator concerning compliance with the permit requirements Massage establishment permit required; application. A. It is unlawful for any owner or operator other than an owner or operator of a certified massage establishment or a certified sole proprietorship, to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, the operation of a massage establishment as herein defined in or upon any premises within the city unless a massage establishment permit has been issued by the permit administrator and remains in effect in conformity with the provisions of this chapter and this code. B. Every owner or operator of a massage establishment shall also obtain a business license from the city pursuant to Chapter 6.01 of this code. C. An applicant who intends to operate a certified massage establishment in the city shall provide to the permit administrator at the time of application for a city business license, copies of the CAMTC certificates, or city permits, for each person the certified massage establishment will use, employ or contract with as an independent contractor for purposes of performing massage, and a copy of the applicant s current and unexpired CAMTC certificate, or city permit, if applicable. An applicant for a certified sole proprietorship in the city shall provide to the permit administrator at the time of application for a city business license, a copy of his/her current and unexpired CAMTC certificate.

7 D. The provisions in this chapter requiring background checks and investigation shall apply to an owner and/or operator of a massage establishment who owns five (5) percent or more of a massage establishment. E. The application for a massage establishment permit shall be upon a form provided by the permit administrator and shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefore, and the name, including all names used, and the address of each applicant. F. If the applicant is a corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder owning more than five percent of the stock of the corporation shall be set forth. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners shall be set forth. The information required by this section shall be provided for all operators of a massage establishment and by all owners who own five percent or more of a massage establishment. G. In addition to the foregoing, applicants shall furnish the following information: 1. All previous residential addresses (if any) for the ten years immediately prior to the present address of applicant; 2. Written proof that the individual or partnership applicant is over the age of eighteen years; 3. For sole proprietorships or partnerships, the height, weight, color of eyes and hair, and sex of each proprietor or partner; 4. Two portrait photographs at least two inches by two inches; 5. Business, occupation, or employment of the applicant for the three years immediately preceding the date of the application; 6. The massage or similar business history of the applicant, including, but not limited to, whether or not such person, in previously operating in this or another city or State under permit, has had such permit revoked or suspended and the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation; 7. The name and address of each massage professional who is or will be employed in said establishment; 8. The name and address of the owner and lessor of the real property upon which the business is to be conducted and a copy of the lease or rental agreement; 9. The information required by subsections C(9) through C(18) above for all applicants subject to the background check and investigation requirements in this section; and

8 10. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. 11. Nothing herein contained shall be construed to deny to the investigation official the right to take the fingerprints and additional photographs of any applicant. H. Upon receipt of said application, the permit administrator shall refer the application to the building inspector, the fire chief, the police chief, and the community development or planning director, each of whom shall review records or make an inspection of the premises proposed for use as a massage establishment and shall make a written recommendation to the permit administrator concerning compliance with the codes that they administer Fee required. All applications for a massage professional permit or a massage establishment permit shall be accompanied by payment of the appropriate fee established pursuant to this chapter, no part of which shall be refundable. The fee shall be established from time to time by resolution of the city council and shall include amounts to cover the city s costs of administering this chapter, including but not limited to city staff time and costs and attorney s fees and costs related to processing, investigation, issuance of permits, inspections, enforcement and periodic review and maintenance of these regulations Issuance or denial of permit. A. Massage professional permit. The permit administrator shall issue the massage establishment permit if upon investigation and the reports filed it is found: 1. The applicant has not been convicted, pled guilty, or pled nolo contendere in a court of competent jurisdiction to any offense listed in Section ; and 2. The applicant, including applicant as a member of a corporation or partnership, or a former employer of the applicant while so employed, has never been subjected to an abatement proceeding under Sections through (Red Light Abatement Act) of the California Penal Code or any similar provisions of law in a jurisdiction outside the State of California; and 3. The applicant has not had any massage establishment, massage professional license or permit which was issued within the State of California, revoked; 4. The applicant possesses the educational requirements set forth in Section ; and 5. The applicant complies with all provisions of this chapter, including certification by a licensed physician that the applicant does not have a communicable and/or contagious disease in accordance with Section (C)(6); and

9 6. The applicant has not made any material false, misleading, or fraudulent statement of facts in the permit application or any other document required by the city in conjunction therewith. Otherwise, said permit shall be denied. In the event of denial, notifications and reasons for denial shall be set forth in writing and shall be sent to the applicant by mail or by hand delivery. B. Massage establishment permit The permit administrator shall issue the massage establishment permit if upon investigation and the reports filed it is found: 1. The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the city s building, zoning, and health regulations. 2. Neither the applicant, nor any person or entity subject to investigation in connection with the application pursuant to Section , has been convicted, pled guilty, or pled nolo contendere in a court of competent jurisdiction to any offense listed in Section The applicant, including applicant as a member of a corporation or partnership, or a former employer of the applicant while so employed, has never been subjected to an abatement proceeding under Sections through (Red Light Abatement Act) of the California Penal Code or any similar provisions of law in a jurisdiction outside the State of California; and 4. The applicant has not had any massage establishment, operator, professional or trainee license or permit, which was issued within the State of California, revoked. 5. The applicant has not made any material false, misleading, or fraudulent statement of facts in the permit application or any other document required by the city in conjunction therewith. Otherwise, said permit shall be denied. In the event of denial, notifications and reasons for denial shall be set forth in writing and shall be sent to the applicant by mail or by hand delivery Renewal of permit; renewal fee. A. Massage professionals 1. Every massage professional permit issued or renewed shall have a term of up to two years, and all massage professional permits shall expire on June 30 th of the second year following issuance or renewal. Application for renewal of a massage worker permit shall be made at least thirty (30) days before its expiration upon a form provided by the city. If the information provided by the applicant for a prior application or renewal is no longer

10 complete and/or accurate, the applicant must provide all information necessary to update, add to or modify such information so that it is accurate when submitted. 2. The applicant shall sign an affidavit that they knowingly are free from any contagious and/or communicable disease capable of being transmitted through the performance of massage; 3. The application for renewal shall be accompanied by a renewal fee as set from time to time by resolution of the city council. The renewal fee shall cover the costs of administering, processing and investigating applications for renewal, including but not limited to staff time and costs and legal fees and costs. When a massage professional has been granted a massage professional permit within the past twenty-four (24) months, the renewal fee may be waived in the permit administrator s discretion, unless new or modified information creates a need for investigation. B. Massage establishments 1. Permits issued for massage establishments shall be for a term of up to 24 months, and all such permits shall expire on June 30 th of the second year of the term of the initial permit. Renewal applications shall be made at least thirty days before expiration upon a form provided by the permit administrator. 2. Renewal applications shall be accompanied by the renewal fee as set from time to time by the city council. No part of said fee shall be refundable. The renewal fee shall cover the costs of inspections and of administering, processing and investigating applications for renewal, including but not limited to staff time and costs and legal fees and costs. 3. Prior to the issuance of the renewal permit, the massage establishment may be subject to physical or record inspections by the building department, the fire chief, the police chief, the community development director or planning director, and the permit administrator of the city for the purpose of assuring compliance with this chapter and applicable city, State or federal law. 4. Each application for renewal shall provide all information necessary to update and/or make accurate as of the time of the renewal application submission the information contained in the last application or renewal for that applicant. Each application for renewal of a massage establishment permit shall be accompanied by a list of all massage professionals employed at the massage establishment and copies of any CAMTC certificates or City permit for said employees and/or the massage establishment owner(s) and/or operators Bi-annual registration by certified massage establishments and notification of changes. A. Every certified massage establishment shall, at the time of application for and/or renewal of a business license, provide to the city manager or his/her designee a complete list of all persons providing massage at or in connection with the massage establishment, whether on the

11 massage establishment premises or otherwise, and provide copies of CAMTC certificates or City permit for each such person. B. Within five (5) business days of any change in address or ownership of the massage establishment every massage establishment owner or operator shall provide written notice of those changes to the city manager or his/her designee. C. Within fifteen (15) business days of hiring a new massage professional, the owner or operator shall provide a copy of the massage professional s CAMTC certificate or City permit to the city manager or his/her designee. The requirement to provide copies of CAMTC certificates or City permit shall not eliminate the requirement to maintain evidence on the premises of the massage establishment that the massage professionals employed or retained by the massage establishment have CAMTC certificates or City permits. D. The massage establishment owner or operator shall have a continuous duty to provide written notice to the city when the massage establishment no longer employs, contracts with or uses a CAMTC certificate or City permit holder to provide massage services, or if a CAMTC certificate or City permit is revoked or suspended Massage establishment operation. Every massage establishment shall comply with the following operating requirements: A. The owner or operator of a massage establishment shall maintain a register of all persons employed as massage professionals and copies of CAMTC certificates or City permits for each massage professional. Such register shall be available for inspection at all times during regular business hours. B. The massage establishment shall be open only between the hours of seven a.m. and ten p.m. C. A list of services available and the cost of such services shall be posted in an open, public place on the premises and shall be described in readily understandable language. No owner, operator, responsible managing employee, manager, or permittee shall permit and no massage professional shall offer to perform any services other than those posted. D. All persons shall be clean and wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, non transparent material and provide complete covering of the torso to mid-thigh. E. During all times that he/she is performing or offering to perform massage services in a massage establishment, every massage professional shall wear a badge that identifies his/her first or last name. Upon receipt of a request or complaint by a patron, the massage professional shall advise the patron of the full name of the massage establishment through which the massage services were obtained and contact information for the CAMTC or the City of Petaluma. F. No person shall enter, or be or remain, in any part of a massage establishment while in possession, consuming, or using any alcoholic beverage or drugs except pursuant to a

12 lawfully issued prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. G. No massage professional shall offer or engage in specified sexual activities as part of his/her massage services. No massage establishment shall offer or permit specified sexual activities as part of massage services provided by the massage establishment or on the massage establishment premises Sanitation and safety requirements. The requirements of this section are reasonable health and safety requirements for massage establishments and massage professionals and shall apply to all massage establishments and massage professionals in the city, including certified massage establishments, certified massage practitioners and certified massage therapists, unless otherwise specified. A. All massage establishments shall be subject to periodic inspection by the city for safety of the structure and the propriety of plumbing, ventilation, heating, and sanitation. The walls shall be clean and painted with an approved washable mold resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulations of dust, dirt, or refuse. B. Towels, sheets, linens, robes and all other items for personal use of operators and patrons shall be clean, freshly laundered and not reused for more than one patron. Heavy white paper may be substituted for sheets, provided that such paper is used once for every person and then discarded into a sanitary receptacle. C. All locker facilities provided for the use of patrons shall be fully secured for the protection of the patron s valuables, and the patron shall be given control of the key or other means of access. D. All main external front entrance doors into the massage establishment and all internal doors leading to massage areas shall remain unlocked during the business hours of the massage establishment, unless there is no staff available to assure security for clients and massage professionals who are behind closed doors Inspection by City officials. The investigating officials of the city, and the Sonoma County Health Officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to enforce compliance with this chapter, or other building, fire, electrical, plumbing, health, or penal regulations. A warrant shall be obtained whenever required by law Massage establishment permittee responsibility for employee acts. The massage establishment owner or operator shall be responsible for the conduct of all employees, contractors, volunteers or persons who provide massage on the premises or through

13 arrangements with the massage establishment. All persons working in or for the massage establishment shall be considered under the control of the massage establishment for the purposes of this chapter, including independent contractors and unpaid volunteers. Any act or omission of such person constituting a violation of this chapter shall be deemed to be the act or omission of the massage establishment for purposes of enforcing this chapter Suspension or revocation of permits. Any massage establishment or massage professionals permit issued under this chapter shall be subject to suspension or revocation by the permit administrator for violation of any provision of this chapter, violations of city, State or federal law, or for any grounds that would warrant the denial of the issuance of such permit(s) in the first instance Denial, suspension or revocation of permits appeal. Any person or business entity aggrieved by any decision of the permit administrator with respect to the issuance or refusal to issue, suspension or revocation of a permit may appeal that action by filing a written notice of appeal with the city clerk. All appeals shall be heard by an administrative hearing officer appointed by the city. Upon receipt of an appeal, the administrative hearing officer shall fix a time and place for hearing such appeal. The city clerk shall give written notice to the appellant of the time and place of hearing by causing the notice to be personally served or deposited in the United States mail at Petaluma, California, postage prepaid, addressed to the appellant at the address provided on the written notice of appeal. The administrative hearing officer shall have authority to determine all questions raised on appeal Changes in law. When reference is made in this chapter to any local law or regulation, or to any state or federal statute, regulation or other law, such reference shall include any subsequent amendment or superseding provision thereto Enforcement and remedies Any violation of this chapter shall be and is hereby declared to be, unlawful and a public nuisance, and provisions of this chapter shall be enforceable pursuant to chapters 1.10 through 1.16 of this code, or by any other judicial and administrative penalties and remedies available to the city under applicable local, state or federal law. In addition to all other legal remedies provided for in this code, the operation of any massage establishment and/or the provision of massage by any person in violation of the terms of this chapter shall be deemed a public nuisance and may be enjoined by the city. Each instance of a violation of this chapter, including each day of a continuing violation by a massage establishment or massage professional, shall constitute a separate violation. The remedies provided by this chapter are not intended to preclude any other remedy available at law or in equity. Section 2. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ( CEQA ), pursuant to Sections 15061(b)(3)of the CEQA Guidelines

14 (Title 14, Chapter 3 of the California Code of Regulations) because there is no possibility that the activity may have a significant impact on the environment. Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and ordered posted/published this day of, ADOPTED this day of 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: David Glass, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, City Clerk Eric Danly, City Attorney