[HISTORY: Adopted by the Borough Council of the Borough of Coopersburg 5-10-2005 by Ord. No. 576. Amendments noted where applicable.]
It is intended that the regulations applicable to massage, massage therapy, reflexology, bodywork and spa services address any potential effects which may be detrimental to the public welfare, and to protect and preserve the quality of the Borough's neighborhoods and commercial districts and the quality of life in the Borough, the Borough's retail trade, to maintain property values, to reduce the incidence of unlawful activity and to promote and protect generally the health, safety and welfare of the citizens of and those who come to work and visit in the Borough. The provisions of this chapter have neither the purpose of nor shall they effect a restriction on the access to legitimate therapeutic massage and spa services.
As used in this chapter, except where the context clearly indicates otherwise, the following words or phrases shall have the meanings indicated as follows:
- A person who is required to file an application for permit or license under this chapter, including an individual owner, manager, partner, officer of a corporation, or any other operator, manager, employee or agent of a massage or spa business.
- Every owner, partner, manager, supervisor, or other worker, whether paid or not, who renders services of any nature in the conduct of a massage business establishment or similar use as herein. For purposes of this chapter, it shall be a rebuttable presumption that every person who renders services of any nature in the conduct of a massage or spa business is an employee of such business.
- HEALTH INSPECTOR
- The Borough of Coopersburg's Health Inspector who shall be responsible for enforcement of this chapter.
- MASSAGE BUSINESS or MASSAGE ESTABLISHMENT or MASSAGE THERAPY ESTABLISHMENT
- Any location where any person, firm, association or corporation is engaged in or carries on or permits to be engaged in or carried on any of the activities or services mentioned in this chapter for the public, including any activity which involves any combination of massage services, reflexology, spa services and bathhouse, and which is not a medical or related health facility subject to the jurisdiction, licensure and inspection of any state board or commission.
- MASSAGE or MASSAGE THERAPY or MASSAGE SERVICES
- Any method of pressure on or friction against or effurage, kneading, rubbing, tapping, range of motion, pounding, vibrating or stimulating of the head, body or parts of the head or body by another, with or without the aid of any mechanical electrical apparatus or appliances and with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice, including but not limited to the practice or reflexology.
- MASSAGE PRACTITIONER(S)
- Any person who is licensed by the Borough of Coopersburg to engage in and offer to the public the practice of massage, massage therapy or massage services as herein defined (including but not limited to subcontractors, subtenants or temporary employees), and who shall have received a diploma or certificate from a massage school, as defined herein, certifying completion of a massage therapy program which consists of not less than 200 hours of supervised course work or clinic program with the massage school, or, in the alternative, who shall be certified by the American Massage Therapy Association Commission on Massage Therapy Accreditation and Bodywork or by the National Certification Board for Therapeutic Massage, and who shall comply with the continuing education requirements of such Board or Commission and who shall have agreed to practice under the Code of Ethics of such Board or Commission.
- MASSAGE SCHOOL
- An educational facility which is licensed by the Pennsylvania Department of Education or similar government sanctioned licensure board or which is certified by the National Certification Board of Therapeutic Massage or other recognized accrediting agency, to provide massage therapy and bodywork training.
- OPERATE A MASSAGE BUSINESS OR MASSAGE THERAPY BUSINESS OR SPA BUSINESS OR FACILITY
- The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a massage, reflexology or spa business or other activities within a massage or spa business.
- Any person who receives massage, reflexology or spa services under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefore.
- The person to whom a massage, massage therapy, reflexology, bodywork or spa health permit or license is issued.
- Any individual, firm, association, partnership, co-party, corporation, limited liability corporation, joint-stock company, joint venture or combination of the above in whatever form or character.
- REFLEXOLOGIST or REFLEXOLOGY PRACTITIONER
- Any person who is licensed by the Borough to engage in and offer to the public the practice of reflexology as herein defined (including but not limited to subcontractors, subtenants or temporary employees), and who shall have received a diploma or certificate from a nationally recognized reflexology school, certifying completion of not less than 200 hours of a reflexology training program, and who is certified by the American Reflexology Board or other national recognized certification board for reflexology and who shall comply with the continuing education requirements of such and who shall have agreed to practice under the Code of Ethics of such.
- The practice of applying pressure using thumb, finger and hand techniques to the feet and hands or other parts of the head or body; the practice of reflexology is restricted to the feet and hands and shall not include the use of oils, lotions or creams.
- SPA or SPA SERVICES
- Any location where any person, firm, association, company or corporation is engaged in or carries on or permits to be engaged in any activity mentioned in this chapter, including without limitation any of the following: massage, reflexology bathing, treatment of any type of the head, body, skin or other parts of the body and which is not a medical or related health facility or hair or cosmetology business subject to the jurisdiction, licensure and inspection of any state board or commission.
- SPECIFIED ANATOMICAL AREAS
- Includes any of the following: Less than completely and opaquely covered male or female genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; human male genitals in a discernibly turgid state, even if completely opaquely covered; any device, costume or covering that simulates any of the body parts described above.
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following whether performed directly or indirectly through clothing or other coverings: Human genitals in a state of sexual stimulation or arousal; sexual acts, actual or simulated, including sexual intercourse, masturbation, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, sodomy, or other specified sexual activity prohibited by law; fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; excretory functions as part of or in connection with any of the other activities described in this subsection.
- STUDENT INTERN or TRAINEE
- A person who is and remains enrolled in on at least a part-time basis a massage or reflexology school (as defined herein) and who has completed no less than 50 hours of a massage or reflexology curriculum and who, as part of the curriculum at the massage or reflexology school, is providing massage, massage therapy, reflexology, bodywork or spa services to the public and who is and shall at all times be supervised by a massage practitioner.
It shall be unlawful for any person to engage in, conduct, or carry a permit or license to be engaged in, conducted or carried on, or provided to the public in or upon any premises within the Borough the operation of a business which offers massage, massage therapy, reflexology, bodywork or spa services unless the person or entity first obtains and continues to maintain in full force and effect a permit issued by the Health Inspector as required by this chapter, and such persons are and is licensed by the Borough of Coopersburg as a massage practitioner or reflexologist and maintains and operates such business and provides such services in compliance with this chapter. The following shall be excepted from the foregoing: health care professionals and their associates, including massage therapists, who are subject to the jurisdiction and licensure of a state board or commission such as a physician, chiropractor, physical therapist, occupational therapist, nurse practitioner and nurses operating in a medical facility.
Any person who proposes to provide to the public massage, massage therapy, reflexology, bodywork or spa services or to operate, maintain or conduct a massage, massage therapy, reflexology, bodywork or spa services in the Borough shall first submit to the Health Inspector a completed application for a health permit on a form provided by the Borough, as may be amended from time to time, containing all information required by this chapter and as may reasonably be required by the Health Inspector, and shall submit payment of the required nonrefundable application fee as established by resolution and as may be amended by the Borough Council from time to time. An application which is not complete or which is not properly executed or which is not accompanied by the required application fee shall not be deemed a complete application and shall be denied without further review.
A massage, massage therapy, reflexology, bodywork or spa facility existing and operating on the effective date of this chapter shall apply for a health permit within 30 days therefrom and shall be allowed to continue operating during the pendency of the application, as set forth herein, provided such business is otherwise in compliance with applicable provisions of this chapter.
Upon application to operate a massage, massage therapy, reflexology, bodywork or spa facility which is existing on the effective date of this chapter, a temporary permit not to exceed 30 days may be issued immediately upon receipt of a completed application, and pending action on the application. A temporary permit shall expire automatically upon action on the application or upon the expiration of 30 days, whichever is sooner, unless the period of temporary permit shall be extended by the Health Inspector. In no event shall the total period of a temporary application exceed 90 days.
Permit expiration, invalidity and renewal.
Each permit shall expire one year from the date of issuance and may be renewed only by complying with the renewal application procedure set forth herein.
Any permit issued shall become invalid and considered expired if the approved business is suspended, abandoned or closed to the public for a period of six months after the date of permit issuance, except that for reasonable cause, the Health Inspector may grant extensions of time of additional periods of operation pursuant to the previously issued permit, the total of which extensions shall not exceed 90 days.
An expired permit issued under the provisions of this chapter may be renewed only by filing with the Health Inspector a written application for renewal, accompanied by the annual permit renewal fee, a copy of the permit to be renewed, and a notarized statement by the applicant certifying that no change has occurred in the ownership, use, possession and/or physical structure of the premises since the date of the issuance of the last permit. The application for renewal shall be filed with the Health Inspector not less than 30 days before the expiration date of the permit, nor more than 60 days before the expiration date. When an application is filed less than 30 days before the expiration date, the expiration of the permit will not be stayed. Each application for renewal shall be acted on as provided herein for action upon applications for permits.
Each application for a new permit and subsequent annual permit renewal shall be accompanied by a nonrefundable fee in an amount as shall be established from time to time by resolution of the Borough Council. The application fee shall be used to defray, in part, administrative costs incurred in the processing of the application and inspection costs, and is not made in lieu of any other fees or taxes required.
The application for a health permit to operate a massage, massage therapy, reflexology, bodywork or spa facility shall contain the following information:
Name of applicant.
If the applicant is an individual, the individual shall state the applicant's complete name, including any aliases, address and submit satisfactory written proof that the applicant is at least 18 years of age.
If the applicant is other than an individual, the applicant shall state the type of entity (e.g., partnership, corporation, limited liability company, or otherwise).
If the applicant is a partnership, the applicant shall state all of the partners' complete names, including any aliases, addresses, ages, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
If the applicant is a corporation or limited liability company, the applicant shall provide its name, the date of its incorporation or registration, evidence that the applicant is in good standing under the laws of Pennsylvania, the names, capacities and ages of all principals, members, officers and directors, name of the registered corporate agent and the address of the registered office for service of process.
If the applicant intends to operate the business under a name other than that of the applicant, the applicant shall provide proof of registration of the fictitious name with the Department of State.
As to each applicant, in addition to the full name of each individual, partner, member, officer and director, the application shall contain all aliases, current residential addresses, telephone numbers, dates of birth, social security numbers, driver's license numbers and the previous address for a period of three years immediately prior to the date of application (and the dates of residence on each), written proof that each is at least 18 years of age; business, occupation or employment history for three years immediately preceding the date of the application; two recent passport-style color photographs and such other information as may be deemed necessary by the Health Inspector to secure the foregoing information.
Signature of the applicant. If the applicant is an individual, he or she shall execute the application. If the applicant is other than an individual, an officer of the business entity or an individual with at least 10% or greater interest in the business entity shall execute the application.
Description. The application shall contain a narrative description of the proposed or existing massage, massage therapy, reflexology, bodywork or spa business for which the permit is requested, which shall include hours of operation, number of employees and description of titles and/or positions; a sketch or diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms, including rest rooms, office space, storage areas and public areas, and dimensions. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, a site plan showing the lot or property on which the business is or will be located, the location of the building or portion thereof in which the business is or will be located, the number of available parking spaces, the location and type of available and proposed lighting, landscaping, trash enclosures, and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to scale with marked dimensions to an accuracy of plus or minus one foot; the full name, address and telephone number of the property owner and/or property management company if different from the applicant; a copy of the lease agreement in effect at the time of the application; and a copy of any other agreements, easements, conditions, covenants, restrictions or other such documents that contain evidence affecting the use or operation of the lot, property premises or structures which will be subject to the permit for which the application has been submitted.
Within 10 days of filing an application for a new massage, massage therapy, reflexology, bodywork or spa business, the applicant shall post the property in which the proposed massage or spa business will be located with written notice of the application and the applicant shall provide by certified mail, return receipt, written notice of the application, including a copy to all property owners who own a property within 100 yards of the property in which the proposed massage or spa business is to be located.
Massage or reflexology practitioner's license.
No employee of a massage, massage therapy, reflexology, bodywork or spa business may engage in providing massage, massage therapy, reflexology, bodywork or spa services unless the practitioner has obtained from the Health Inspector a massage or reflexology practitioner's license.
A massage or reflexology practitioner's license shall only be issued to persons who are 18 years of age or older and who have received a diploma or a certificate from a massage or reflexology school as herein defined, certifying the following:
For a massage practitioner's license: completion of a massage therapy program which consists of not less than 200 hours of supervised course work in clinical program with the massage school, or, in the alternative, who shall be certified by the American Massage Therapy Association Commission or Massage Therapy Association and Bodywork or by the National Certification Board for Therapeutic Massage, and other accredited association and schooling facilities, and who shall comply with the continuing education requirements of such board or commission and who shall agree to practice under the Code of Ethics of such a Board or Commission;
For a reflexology practitioner's license: completion of a reflexology program which consists of not less than 200 hours of reflexology training with the reflexology program.
A practitioner who has been issued a license limited to reflexology shall not be permitted to offer any additional services and the license restricts the practice of reflexology.
Applications for massage or reflexology practitioner's license shall be on a form approved by the Health Inspector and shall include full name of the individual to be licensed, all aliases, current residential addresses, telephone numbers, date of birth; social security number, driver's license number and the previous address(es) for a period of three years immediately prior to the date of application (and the dates of residence on each), written proof that each is at least 18 years of age; business, occupation or employment history for three years immediately preceding the date of the application; two recent passport-style color photographs and such other information as may be deemed necessary by the Health Inspector to secure the foregoing information.
No massage, massage therapy, reflexology, bodywork and spa facility shall be issued a permit to be operated, established or maintained in the Borough unless an inspection by the Building Inspector and Fire Inspector reveals that the facility complies with each of the following minimum requirements, in addition to all applicable building, fire and health codes.
Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with all applicable building, fire and health codes.
All massage tables, bathtubs, shower stalls or bath areas and floors shall have surfaces which may be readily disinfected.
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massage, reflexology and spa services. Such nondisposable instruments and materials shall be disinfected after use on each patron.
Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.
Toilet facilities shall be provided in convenient locations. When employees and patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided for each gender. A single water closet per sex shall be provided for each 20 or more employees or patrons of that gender on the premises at any one time. Urinals may be substituted for half of the water closets for the male patrons after one water closet has been provided. Toilets shall be designated as to the gender accommodated therein.
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.
The premises shall be equipped with a service sink for custodial services.
The premises shall meet all applicable building, health and fire codes and all other applicable laws and regulations.
Within 30 days of receipt of the completed application for a new permit or a renewed permit or license, the Health Inspector shall conduct and complete an investigation of the application to determine whether the applicant shall be issued a health permit or practitioner's license in accordance with the provisions of this chapter and the Health Inspector shall notify the applicant of the action in writing by United States mail, first class postage prepaid, addressed to the applicant to the address stated in the application.
The Health Inspector may grant the application and issue or renew a health permit or practitioner's license only upon sufficient evidence that the applicant and the proposed use comply with all requirements of this chapter and written certification of:
The Health Inspector shall deny the application for a permit or license under this chapter if any one of the following is applicable:
The correct fee has not been tendered to the Borough, and in the case of a check or bank draft, honored with payment upon presentation.
The facility, including the building or portion thereof where the massage or spa facility is or is proposed to be situated, and the physical facilities or maintenance related thereto, fail to comply with all applicable building, fire, electrical, plumbing and health requirements of this code, all applicable state and federal requirements of a similar nature, and all applicable provisions of this chapter.
The applicant, or the applicant's employee, agent, partner, director, officer, shareholder, member or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for the permit.
The applicant or any of the applicant's employees, agents, partners, directors, officers, shareholders, members or managers has had a massage, massage therapy, reflexology, bodywork or spa business, massage practitioners or other similar permit or license denied, revoked or suspended for any reason under Subsection C(4) above by the Borough or any other state or local agency within five years prior to the date of the application.
The applicant, if an individual, or any of the officers and directors or members if the applicant is a corporation or limited liability corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person principally in charge of the operation of the business, or any employee of the applicant is not over the age of 18 years.
The applicant, if an individual, or any of the stockholders, partners or members holding more than 10% of the stock of the corporation or limited liability company, or any of the officers or directors or managing directors, or the manager or other person principally in charge of the operation of the business or any of the employees of the applicant has been convicted of a felony, an offense involving sexual misconduct with children, prostitution, soliciting for purpose of prostitution, pandering, keeping a place of prostitution, any crime involving dishonesty, fraud or deceit or other offenses opposed to decency and morality.
Upon notification that the permit or license application has been granted, or if the Health Inspector fails to either grant or deny the application within 45 days of receipt of a completed application, a permit shall be deemed to have been issued and the applicant may offer the permitted and licensed services and/or operate the massage, massage therapy, reflexology, bodywork or spa facility pursuant to the terms and conditions of the permit or license, if any, and pursuant to the terms of the permit or license application. The permittee shall post the permit, or if no permit is issued, then the permit application, conspicuously in the premises of the massage or spa business.
Appeal to the Board of Health. A decision concerning the denial or issuance of a permit under this chapter of the Health Inspector may be appealed to the Board of Health by filing with the Board of Health within 10 days from the date of mailing of any decision of the Health Inspector under this chapter a notice of appeal, setting forth particular ground or grounds for the appeal, and upon payment of the filing fee as may be determined from time to time by resolution.
Hearing on appeal. The Board of Health shall hear the appeal and shall set a time and place for a hearing on the appeal not less than 10 days nor more than 30 days from the date the notice of appeal was received by the Board of Health.
No less than five days prior to the hearing written notice to the applicant and all property owners who own property within 100 yards of the property where the proposed massage or spa business is to be located shall be provided by regular mail.
Disposition of appeal. After the hearing on the appeal, the Board of Health may refer the matter back to the Health Inspector for a new investigation and decision, or may affirm the denial of the application, or may approve the application. The decision of the Health Inspector shall be final subject only to the rights of appeal to the Court of Common Pleas of Lehigh County under Pennsylvania Local Agency Law. Notice of the Board's decision shall be mailed to the applicant and any others who appeared at the hearing within 10 days of the hearing date. Notice shall be deemed completed when mailed by First Class mail to the address supplied by the applicant on the application.
An applicant whose application for a license has been denied or revoked may reapply for such license only after a period of not less than one year has elapsed from the date of such denial or revocation was received by the applicant, provided, however, that an earlier reapplication may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.
A permittee or massage or reflexology practitioner may be subject to suspension or revocation of a permit or license issued pursuant to this chapter, or be subject to other appropriate action, for any of the following grounds arising from the acts or omissions of the permittee, employee, agent, partner, director, stockholder or manager of massage or spa business:
Knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit or license, or in any report or reports required to be filed with the Borough;
Violated or is not in compliance with any section of the Codified Ordinances of the Borough of Coopersburg and/or the laws of the Commonwealth of Pennsylvania or the United States of America;
Knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the massage or spa facility:
Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation or any specified sexual activity;
The use of the establishment as a place where unlawful solicitation of sexual intercourse, sodomy, oral copulation or masturbation or specified sexual activity openly occur;
The occurrence of acts of lewdness, assignation or prostitution or any act which involves any specified sexual activity or the showing or touching of any specified anatomical area;
Any act constituting a violation of 18 Pa. C.S.A. § 5903, relating to the distribution of obscene and other sexual materials and performances;
Any act constituting a violation of provisions relating to obscene matter or distribution of harmful matter to minors;
Any conduct constituting a criminal offense of which an essential element consists of the use of force or violence;
Any act constituting a felony involving the sale, use, possession or possession for sale of any controlled substance;
Refusal to allow an inspection of the massage or spa facility as authorized by this chapter;
Failure to abide by any action previously imposed by the appropriate Borough officer;
Failure to maintain a valid certificate of use and occupancy.
Upon determining that grounds for permit or license suspension or revocation exist, the Health Inspector shall furnish written notice of the action to the applicant and, in the case of a facility permit, all property owners who own property within 100 yards of the property where the massage or spa business is located. Such notice shall set forth the time and place of a hearing which shall be before the Borough Council, and the ground or grounds upon which the proposed action is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address and/or shall be delivered personally, not less than 10 days prior to the hearing date.
In the event that a permit or license is canceled, suspended, revoked or invalidated, the permit or license shall be forwarded to the Health Inspector not later than the end of the third business day after notification of such cancellation, suspension, revocation or invalidation.
Every massage or reflexology practitioner(s) and massage and spa health permittee shall keep a record book legibly written in the English language in which shall be recorded, where applicable:
Such records shall be open to inspection by the Health Inspector from time to time during regular business hours when enforcing health code regulations and provisions of this chapter.
Records shall be kept on the premises of the massage, massage therapy, reflexology, bodywork or spa business at all times for a period of not less than two years from the original date of the record.
Failure to have all records required on the premises at any time shall be a violation of this chapter and subject the permittee to fines, permit revocation and any other applicable sanctions.
The applicant shall authorize and allow entry by public officials of the Borough, including but not limited to officers of Police and Fire Departments, Code Enforcement Department, Zoning and Health Departments, into the premises wherein the applicant operates or proposes to operate a massage or spa business for the purpose of conducting one or more inspections to determine compliance with the law.
Any and all investigating officials of the Borough shall have the right to enter any massage or spa business from time to time during regular business hours to make reasonable inspection to observe and enforce compliance with building codes, zoning codes or health codes and regulations and provisions of this chapter.
Any person who operates a massage or spa facility or an employee, agent, partner, director, officer, shareholder, member or manager of such business is in violation of the provisions of this chapter if any person refuses to permit a lawful inspection of the premises at any time it is occupied or open for business.
It shall be unlawful to offer to the public or to operate a massage, massage therapy, reflexology, bodywork or spa business under any name or conduct business under any designation not specified in the permit or license. No permittee shall transfer a permit or license to any other person or entity or operate a massage or spa business under the authority of a permit at any place other than the address designated in the application. No permit or license issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those mentioned in such permit engage in the enterprise for which the permit is issued.
As used herein, "transfer" shall include, but not be limited to, any modification of the business entity operating an enterprise, or otherwise required to be disclosed pursuant to this chapter, including transfer of more than 10% of the stock of any corporation.
The provisions of this chapter regulating massage and spa businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Borough.
This chapter shall not be construed to limit the authority of the Borough of Coopersburg to pursue any and all other remedies and relief that may be available to it in law or in equity under the laws applicable in any case.
In addition to any other applicable criminal or civil penalty, sanction or remedial procedure, any person or entity who violates any provision of this chapter, upon conviction thereof, shall be guilty of a summary offense and shall be subject to a fine of not less than $300 nor more than $1,000 or a period of imprisonment not to exceed 90 days, or both. Each day's continuance of a violation shall be considered a separate offense.