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October 09, 1994 - Image 15

Resource type:
Text
Publication:
Michigan Citizen, 1994-10-09

Disclaimer: Computer generated plain text may have errors. Read more about this.

7
INSPECTION RE­
QUIRED
The ch f of police or
other authorized In­
spectors from the City
of Highland Par hall
'from time to tim
make Inspection of
each Adult Busln
tabllshment for the
purposes of determin­
ing that the provision
of this Ordinance are
fully complied with. It
shaH be unlawful for
any license to file to
allow such Inspection
officer access to the
premises or hinder
such officer In any
manner.
xc pt
those who re pacifi­
cally exempted by this
Ordinance, wh ther
ctlng 100 v d-
u I, ow , mploy e
of th owner, oper: or
or em ploy e of the
op r tor, or wh th r
acting as a mer
nt or Independ nt
contractor for the
own r, employee or
operator, or acting as
a participant or
wor1<er in any way di­
rectly or Indirectly
who gives mas age
or operates an dult
busl ness estab­
lishment or any erv­
ice defined In thl
Ordinance without
first obtalnl�a li­
cense or pe It and
paying a fee t do so
from the City of H Igh­
land Park or shall vio­
late any provisions of
thi brdinance shall
be deemed guilty of a
misdemeanor upon
conviction and shall
be punished by im po­
sition of a fine not to
exceed five hundred
dollars ( 500.00),
and/or by Imprison­
ment for a period not
to exceed ninety (90)
days- within the dis­
cretion of the Court.
Each day that a viola­
t on Is permitted to ex­
ist shall constitute a
separate offense.
APPLICABILITY OF
REGULATIONS TO
EXISTING BUSI­
NESSES
well as the nature of
the physical defect,
(a) Treatment of per- Incapacity or IIIne of
sons of opposite sex said client or cus­
restrl ned. It shall be tomer shall be kept by
unlawful for any per- the licensee or person
son holding a permit or employee deslg­
under this section and nated by the licensee.
working in a massage Such records shall be
establishment to treat open to Inspection by
a person of the oppo- officials charged with
site sex, except upon the enforcement of
the signed order of a public health laws.
I licensed physician, The information fur­
osteopath, chtroprac- nished or secured as
tor, or registered a result of any such
physical therapist, tnspectlon shall be
which order shall be confidential. Arrj un­
dated and shall spe- authorized disclosure
cifically state the or use of such Infor­
number of treat- matlon by an em­
ments, not to exceed ployee of the
ten (10). The date and business of the City of
hour of each treat- Highland Park shall
ment given and the be unlawful.
name of the operator
shall be entered on (g) It shall be unlawful
such or r by{n 8. lor any massage
tabHshment where rvlce to be carried
such treatments are on within any cubicle,
given and shall be room, booth, or any
subject to inspection area within a mas­
by the police pursuant sage �st�blishment
to this ordinance. The which IS fitted with a
requirements of this door capable of being
subsection shall not locked. Toilets and
apply to treatments cubicles used solely
given in the residence for the application of
of a patient, the office liquid and vapor baths
of a licensed physl- shall have no such
clan, osteopath or opening In the cover­
registered physical Ing door or curtain,
therapis,t, chiroprac- but shall be clearly
tor, or in a regularly marked as t? purpose
established and 11- on the extenor door or
censed hospital or curtain of said cubl­
sanitarium. cle, room or booth.
Nothing contained
(b) If shall be unlawful herein shall tie con-
for any person, In an strued to eliminate
adult business estab- other requirements of
lishment, to place his .statute or ordinance
or her hand or hands conc mlng the main­
upon, to touch with tenance of premises,
any port or his or her nor to preclude
body, to ondle in any authorized Inspection
manner, or to mas- thereof, whenever
sage, a sexual or such Inspection Is
genital part of any deemed necessary
other person Sexual by the police or other
or genital parts shall departments
Include the genitals,
public area, buttocks, SALE, TRANSFER
anus or peritoneum OR CHANGE OF LO­
of an'y person, or the CATION
vulva or breasts of a Upon sale, transfer or
female. relocation of an adult
(c) It shall be unlawful business estab­
for any person, in an IIshment, the license
adult business estab- therefor shall be null
nshrnent, to expose and void unless ap­
his or her sexual or proved as provided by
genital parts, or any this Ordinance. It
portion thereof, to any shall be the duty of all
other person. It shall owners or licensees
also be unlawful for having knowledge of
any person, in an the sale, transfer or
adult business estab- relocation of an adult
hshrnent, to expose busrne ss estab­
the sexual or genital IIshment, to Immedi­
parts, or any portions ately report such sale,
thereof, of any other transfer or relocation
to the city clerk's 'of­
fice The failure to do
so shall result In an
immediate suspen­
sion 01 al? business
NAME AND PLACE
UNLAWFUL ACTS
The provlslon of this
article shall be appll-.
cable to all persons
and buslnessss de­
scribed herein,
whether the herein
described activities
were established be­
fore or after the effec­
tive date of this article,
and Including person
or persons whose ap­
plication IS presently
under consideration
or Investigation by the
City of Highland Par1<.
However, those busl­
nesees operating
prior to the -date of
adoption of this adop­
tion will have a sixty
(60) day grace period
from the date of adop­
tion within which to
comply with all the
condition and require­
ments of this article as
set forth herein.
(a) If any section, sub­
section, sentence,
clause, phrase, or
portion of this Ordi­
nance Is for any rea­
son held invalid or
unconstitutional by
any Court or compe­
tent jurisdiction, such
portion shall be
deemed a separate
distinct and inde­
pendent provision
and such hold shall
not affect the validity
of the rernalnlnq por­
tions thereof.
(b) All ordinances is
conflict herewith are
hereby repealed
(c) This Ordinance
shall be In full force,
and effect from and
after' s passage, pro­
vided, however, any
person, partnership,
corporation or asso­
ciation engaged In the
adult business or pro­
tesston. at the time
the enactment of his
Ordinance shall have
sixty (60) days in
No person granted a which 0 comply wi h
license pursuant to he hcensmq provr­
this Ordinance s all sions of IS Ordr­
operate the adult nance.
business estab-
lishment under a
name not specified in
their license nor shall
they conduc busi­
ness under any desiq­
nation or location not ,_
speci led In their li-
cense
person
(d) It �hall be unlawful
for any person, while
In the presence of any
other person in an
adult business estab­
ushmen to fail to
conceal WI h a ully
opaque covering, the
sexualorgenrtalparts
o IS or her body.
(e) It shall be unlawful
for any person own­
Ing operating or man-
aging an adult
bUSI ness esta b-
lishrnen any agen,
rn pl o ce or any
'other person under
, I� con (01 or SUpeNI-
v l()· ...
men.
Philip Kurik u, who ubmi -
ted th port, told th Michigan
Citizen h greed with CECE
t th incin tor would r -
I "om amount of em' -
ion ," of ub t nc whi�h
would ha " rmful m terial
eff ," but he had to go by law
and regulation which aid
the e emi ions wer ccep -
able.
Environmentalist charge
Michigan environmental la
are among the WOTSt in the coun­
try.
A pecial public h ring will
be held on Mond y October 17 at
th Blackwell Civic Center,
15840 Second Avenue, before fi­
nalapproval.
ichi-
60, t I w
interpr n king ra-
ci I gre tion in r uran
I I, un il ci iz CM I nged
them. Sh point ou that uch
chall n includ civil righ
d mon r tion , which w r
co idered by Detroit poli at
th time to be ill gal.
ome political I d consid­
ered favorable to Porter agreed
that the I w hould b chal­
I nged in court.
Former Councilman Com r
H th who i running for city
, .
council aid in public ion,
, ,
"Pa a law ying you can t
have an incin rater. If the tate
law say you can't do that, it is
up to them (th incinerator own­
ers) to take u to court. "
Councilman Frank Ro aid,
"It i up to u to d fend our pea-
·ple."
Attorney Johnson also said in
h r written legal opinion on in­
cinerators, "In the cas of th
application for a Hazardous
Waste Construction permit, the
director appoin one member to
the Site Review Board from the
governing body of th munici­
pality in which the treatment,
torage or di posal facility .
proposed to be located."
Attorney Johnson, Wain­
wright, and Kurik u said they
did not know whether or not a
p rson in the Highland Park
City government wa lected to
th Site Review Board.
CECE member Tonya Sharon
uggested that Attorney
Johnson and Evans we e, ot, "',.." I , H.)
vigorously defending city con- ,
cerns about fety, because they
did not personally live in the
city.
HElP SPEED THE SEARCH
FOR CURES FOR MUSCULAR
DYSTROPHY!
THE REPORT approving
the medical waste incinerator
said "Air Quality Control Divi­
sion" was "relying on" an inter­
pretation of the law by the
Highland Park City Attorney,
tating that Highland Park had
no power to prohibit a medical
waste facility in the area.
During the public ion of
the city council meeting, CECE
members asked how the cou nty
or state officials could have re­
ceived a copy of the city attor­
ney's memorandum, if her office
had not sent it. Theychargsd
she was giving information to
state and council officials which
would be used against the City
of Highland Park.
"We are paying a alary to the
city attorney to give information
to the DNR," Mc Clean stated.
I • , .... A n�y hnson denied
that s had sent the informa-
tion to the county or DNR.
Mc Clean stated that if she
did not do it, this would have
had to be done by some members
. of the administration and would
probably have the approval of
the Mayor.
Scotty Wainwright, Adminis­
trative Assistant to the Mayor,
denied that it came from the
Mayor's office and said that any­
one who had access to it could
have nt it, including city coun­
cil members or tho in the city
clerk's office.
KURIKE U, WHO filed the
- county report, said he received
the information from the com­
pany that wanted to build the
incinerator, Highland Co-Gen.
Neither Wainwright nor Attor­
ney Johnson could be reached at
the time of this deadline to an­
swer whether anyone in the ad­
mini tration sent the material
to th company itself.
Deni Evan, Community
D v lopment Dir or, aid that
neither the county nor the state
reli d on the Highland Park
City Attorney, but got their legal
opinions from the tat Attor­
ney General.
A r pr ntative of th
Attorney General' offi
that he could no give legal
opinion on this i ue, nd indi­
cated this qu tion would have
to be d rmined by the cou
Highland Park Mayor Linsey
Porter said that he personally
oppo d the incin rator �nd w
willingto p ak agains I a th
public h aring. Port r tated."I
don't want to go down in hi tory
for 1 t ing peopl die: Black peo­
pi or white peopl , Highland
Parkers."
, "exc pt
concerns
THE REPORT from Wayne
County and the State DNR said
that they made two requ ts­
one in April 28 and on on Au­
gu t 2 - receiving a "zoning
confirmation" from Highland
Park regarding the medical
waste incinerator. Community
development Director I?e.nis
Evans said this meant Imply
that there were no zoning regu­
lation against medical waste
incinera tors.
McClean indicat d that
CECE had been warning city of­
ficials for over a year that the
incinerator was coming, and
were old that immediate ac­
tions were not necessary be­
cause there were no tepe taken
to introduce an incinerator.
Mc Clean said that it w "lu­
dicrous" that the city council did
not act immediately.
On Mond y September 19,
confronting a demonstration of
incinerator opponent Porter
rM
1-800-572-1717
I
ell
in
Councllmemb r
Greta J. Johnson
nd Councilmember
Titus McCI ry do
h reby call a Spec I
Me tlng of th
Highand Park City
Council for T sdey,
October 11, 19 4 t
5:30 p.m.
Th s me ting will be
h Id In the Council
Chamber. 30 Ger Id
Avenue.
The purpose of this
meeting shaJi be th
following:
Emerg ncy
Zoning
Ordinanc
Prohibiting
H zardoua
Wa t and
Medical Wa.t
lneln rMor. To
b Locat din
Th City of
Highland Park.
M h. Cit. Aav
10-9

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