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Abortion Provider Ordinance (TX)

Abortion Provider Ordinance (TX)

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Published by Spiritus_Films
Sample TX abortion ordinance that sets content neutral restrictions on abortion providers.
Sample TX abortion ordinance that sets content neutral restrictions on abortion providers.

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Published by: Spiritus_Films on Jun 26, 2013
Copyright:Attribution Non-commercial

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07/07/2013

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ABORTION PROVIDER ORDINANCEWHEREAS
, abortion provider businesses require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizensof the communities where they locate, and
WHEREAS
, the Board of Supervisors finds that abortion provider businesses are frequently points of demonstrations, picketing, and protests; that persons who provide abortions have often been persons without the proper medical credentials; that the provision of abortions to underage persons is a high priority public policy issue; and the concern over the disposal of the bodiesresulting from the termination of pregnancies and other medical waste is a legitimate healthconcern of the city that demands reasonable regulation of abortion provider businesses in order to protect the health and well-being of the citizens; and
WHEREAS
, licensing is a legitimate means of accountability to ensure that operators of abortion provider businesses comply with reasonable regulations, and to ensure that operators donot allow their establishments to be used as places of illegal medical activity; and
WHEREAS
, it is recognized that abortion provider businesses, due to their nature, have seriousobjectionable operational characteristics, particularly when they are located in proximity tochurches and schools, thereby downgrading the quality of life and real estate values in theadjacent area; and
WHEREAS
, the Board of Supervisors wants to prevent these adverse effects and thereby protectthe health, safety and welfare of the citizenry; protect the citizens from increased medicalmalpractice; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the illegal provision of abortions to minors from other  jurisdictions; and
WHEREAS
, it is not the intent of this ordinance to suppress any reproductive activities protected by law, but to enact a content neutral ordinance that addresses the secondary effects of abortion provider businesses as well as the health and social problems associated with such businesses; and
WHEREAS
, it is not the intent of the Board of Supervisors to condone or legitimize thedistribution of birth control materials to minors without parents’ consent, and the Board of Supervisors recognizes that state and federal law generally prohibits the provision of abortionsand birth control materials to minors without the consent of their parents and expects andencourages state enforcement officials to enforce state and federal statutes against any suchillegal activities inDallas County, Texas; and
 
WHEREAS
, it is not the intent of the Board of Supervisors to condone or legitimize the provision of abortions by persons who do not have the appropriate medical licenses or whoselicenses have been revoked or suspended, and the Board of Supervisors recognizes that state lawgenerally prohibits the provision of abortions by unlicensed persons and expects and encouragesstate enforcement officials to enforce state statutes against any such illegal activities inDallasCounty, Texas.
SECTION I. Purpose and Findings.
(A) Purpose. It is the purpose of this ordinance to regulate abortion provider businesses andrelated activities to promote the health, safety, and general welfare of the citizens of the County,and to establish reasonable and uniform regulations to prevent the deleterious location of abortion provider businesses within the County. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any reproductiveactivities, including birth control materials and abortions.(B) Findings. Based on evidence concerning the adverse secondary effects of abortion providerson the community presented in reports made available to the Board of Supervisors, and onfindings incorporated in statistics obtained from the U.S. Department of Health and HumanServices, Centers for Disease Control and Prevention, the Board of Supervisors finds that:(1)Abortion provider businesses lend themselves to unlicensed unlawful andunhealthy activities that are presently uncontrolled by the operators of theestablishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on thei premises.(2)There is no current existing statewide regulation of abortion provide businesses that adequately protects against the negative secondary effects of abortion provider businesses.(3)Persons frequent certain abortion provider businesses for the purpose of obtaining abortions for minors without the consent of the parents.(4)These findings raise substantial governmental concerns.(5)Abortion provider businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmentalconcerns.(6)A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of theabortion provider businesses. Further, such a licensing procedure will place aheretofore non-existent incentive on the operators to see that the abortion provider business is run in a manner consistent with the health, safety, andwelfare of its patrons and employees, as well as the citizens of the County. Itis appropriate to require reasonable assurances that the licensee is the actual2
 
operator of the abortion provider business, fully in possession and control of the premises and activities occurring therein.(7)The disclosure of certain information by those persons ultimately responsiblefor the day-to-day operation and maintenance of the abortion provider  business, where such information is substantially related to the significantgovernmental interest in the operation of such uses, will aid in preventing the provision of abortions to minors without the appropriate consent being givenfor the abortions.(8)It is desirable in the prevention of malpractice to obtain a limited amount of information regarding certain employees who may engage in the conduct thisordinance is designed to prevent or who are likely to be witnesses to suchactivity.(9)The fact that an applicant for an abortion provider business license has beenconvicted of a health-related crime or other criminal activity leads to therational assumption that the applicant may engage in that conduct incontravention to this ordinance.(10)The barring of such individuals from operation or employment in abortion provider businesses for a period of ten (10) years for a previous felonyconviction serves as a deterrent to and prevents conduct which leads to theillegal abortions, illegal provision of birth control materials and prescriptionfraud.(11) The general welfare, health, morals, and safety of the citizens of this Citywill be promoted by the enactment of this ordinance.
SECTION II. Definitions.
(1)DIRECTOR means the chief zoning administrator as he may designate to perform theduties of the director under this ordinance.(2)EMPLOYEE means a person who performs any service on the premises of an abortion provider business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, or othecompensation by the operator of said business. "Employee" does not include a personexclusively on the premises for repair or maintenance of the premises or equipment onthe premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.(3)ESTABLISHMENT means and includes any of the following:(A)the opening or commencement of any abortion provider business as a new business;3

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