2010-04 Moratorium on Pain Management ClinicsORDINANCE 2010-04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
• NORTH PALM BEACH, FLORIDA, ESTABLISHING A MORATORIUM
UPON THE ACCEPTANCE OF ZONING APPLICATIONS OR REQUESTS
FOR ZONING APPROVAL FOR PAIN MANAGEMENT CLINICS, AS
DEFINED BY FLORIDA STATUTE, FOR A PERIOD OF ONE YEAR OR
UNTIL SUCH TIME AS THE VILLAGE ADOPTS REGULATIONS
GOVERNING THIS USE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach determines that it is in the best interests of
its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health,
safety and welfare; and
WHEREAS, through various law enforcement and news media reports, the Village
Council has been made aware of a pattern of illegal drug use and distribution associated with the
recent proliferation of pain management clinics that often dispense narcotics on site; and
WHEREAS, on December 8, 2009, Palm Beach County adopted a Zoning in Progress
pending the adoption of an ordinance imposing a moratorium upon the acceptance of zoning
applications and all requests for zoning approval for pain management clinics ("Moratorium
Ordinance") to allow sufficient time to study the issue and enact appropriate regulations
governing this use; and
WHEREAS, at the urging of Palm Beach County, and in an effort to prevent an influx of
new pain management clinics within the Village, on December 10, 2009, the Village Council
similarly adopted a Zoning in Progress pending the adoption of a Moratorium Ordinance to allow
sufficient time to develop regulations applicable to pain management clinics; and
WHEREAS, the intent of this Ordinance is not to interfere with the legitimate use of
controlled substances, but rather to regulate the operation of pain management clinics and the on-
site dispensing of narcotics to the extent permitted by law.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. Effective as of December 10, 2009, the date the Village Council adopted the
Zoning in Progress, the Village Council hereby imposes a moratorium upon the acceptance of
zoning applications and the issuance of zoning approval or confirmation, including the approval
or confirmation necessary for the issuance of a Business Tax Receipt, for pain management
clinics. As defined by Section 459.005, Florida Statutes, the term pain management clinic refers
to all privately owned pain management clinics, facilities or offices which advertise in any
medium for any type of pain-management services or employ a physician who is primarily
• engaged in the treatment of chronic non-malignant pain by prescribing or dispensing controlled
substance medications and are required to register with the Department of Health. Chronic non-
malignant pain is pain unrelated to cancer which persists beyond the usual course of the disease
or injury that is the cause of the pain or more than 90 days after surgery.
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Section 3. The moratorium shall remain in effect for a period of one yeaz from the effective
date of this Ordinance or the effective date of an ordinance amending the Village Zoning Code to
• adopt regulations applicable to pain management clinics, whichever first occurs.
Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 28th DAY OF JANUARY, 2010.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11th DAY OF FE131RUARY, 2010.
(Village Seal)
OR
ATTEST:
i~G'G
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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