[HISTORY: Adopted by the Township Council of Horsham Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-22-2010 by Ord. No. 2010-1]
The Horsham Township Council finds as follows:
A.
That those businesses or enterprises known as "massage businesses"
or "massage establishments," as hereinafter defined, frequently operate
as houses of prostitution, and otherwise in violation of the laws
of the Commonwealth of Pennsylvania;
B.
That in many instances unsanitary and otherwise unhealthful conditions
exist in those businesses or enterprises known as "massage businesses"
and "massage establishments," as those terms are hereinafter defined;
and
A.
CODE ENFORCEMENT OFFICER
MASSAGE
MASSAGE BUSINESS
MASSAGE ESTABLISHMENT
MASSAGE PROVIDER
MASSAGE TECHNICIAN
PERSON
RECOGNIZED SCHOOL
SEXUAL OR GENITAL AREA
The following words, terms and phrases, when used in this article,
shall have the following meanings ascribed to them:
The Code Enforcement Officer of the Township of Horsham,
or said Code Enforcement Officer's designee.
Any method of treatment or therapy of the superficial soft
parts of the body by rubbing, stroking, tapping, pressing, shaking
or kneading with the hands, feet or elbow, and whether or not aided
by any mechanical or electrical apparatus, appliances or supplementary
aids such as rubbing alcohol, liniments, antiseptic oils, powders,
creams, lotions, ointments or other similar preparations commonly
used in this practice.
The administering of a massage in return for the payment
of a fee or other compensation or consideration to the person administering
the massage either directly or indirectly.
Any place in the Township where massages are administered
for the payment of a fee or other compensation or consideration, but
not including a hospital, nursing home, medical clinic or the office
of a physician, surgeon, physical therapist, chiropractor or osteopath,
currently licensed as such by the Commonwealth of Pennsylvania, or
to include barbershops or beauty salons in which massages are administered
only to the scalp, face, neck or shoulders, or any athletic program
of accredited junior and senior high schools or colleges in which
a massage is administered by a trainer within the scope of such athletic
program.
Any massage establishment as defined herein or any massage
technician as defined herein.
Any person who administers a massage to another as a part
of a massage business, but not including a physician, surgeon, chiropractor,
osteopath, physical therapist or nurse, currently licensed as such
by the Commonwealth of Pennsylvania, or any coach and trainer of an
athletic program of accredited junior and senior high schools or colleges
in which a massage is administered by such coach or trainer within
the scope of such athletic program.
Any individual, association, firm, partnership, limited partnership,
corporation, trust or other legally recognized entity.
Any school or educational institution licensed and accredited
to operate as a school or educational institution in the state in
which it is located or any school recognized or approved by the American
Massage and Therapy Association, Inc.
The genitals, pubic area, buttocks, anus or perineum of any
person, and the vulva and breasts of a female.
B.
In this article, any word used in the singular shall include the
plural, any word used as a plural shall include the singular, and
the masculine shall include the feminine and the neuter.
A.
No person shall engage in a massage business (including as a massage
technician) unless such person shall possess a valid license issued
pursuant to the provisions of this article, and no person shall operate
a massage establishment at any place within the Township unless a
valid license is issued pursuant to the provisions of this article
for each and every such establishment.
B.
Application.
(1)
Fee. Any person desiring to obtain a license to engage in a massage
business or operate a massage establishment shall submit an application
to the Code Enforcement Officer. A fee shall accompany the submission
of the application to defray the costs of administration and investigation.
The amount of the fee shall be $250, or a different amount as may
be from time to time set by resolution of the Township of Horsham.
(2)
Contents. Any person desiring to obtain a license to engage in a
massage business or operate a massage establishment shall file a fully
completed written application with the Code Enforcement Officer on
a form to be provided by the Code Enforcement Officer. The application
form shall include a criminal release form to enable the Code Enforcement
Officer to investigate the criminal offense history of any applicant.
C.
Investigation. Applications for licenses under this article shall
be referred to the Horsham Township Police Department, which shall
cause an investigation to be made and report the findings to the Code
Enforcement Officer. Applicants shall cooperate with any investigation
conducted pursuant to the provisions of this article and shall permit
access to the proposed place of business and facilities in conjunction
with such investigation.
D.
Granting of license. Within 60 days of the receipt of an application
and fee, the Code Enforcement Officer shall either grant or deny the
license applied for by the applicant. The license shall be granted,
provided that:
(2)
No person whose name appears on the application, including owners
and prospective employees, has been convicted of or entered a plea
of guilty to any felony or has pleaded guilty to a felony or has a
felony charge currently pending or has forfeited bail or has been
convicted of or pleaded guilty to a violation of Section 5902 of the
Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A. § 5902,
pertaining to prostitution and related offenses, or any law of any
other jurisdiction involving sexual misconduct.
(3)
The massage technician or massage establishment, as applicable, applies
for and obtains any required business licenses and makes arrangements
for the payment of any required business privilege taxes, local service
tax or earned income taxes imposed by the Township.
E.
No person shall be licensed and/or recognized as a massage technician,
by the Township, unless such person shall have completed a course
of study in a recognized school, which has for its purpose the teaching
of the theory, method, profession or work of massage, which school
requires at least 70 hours of course study for the issuance of a diploma
or certificate of graduation. In the event that such person was previously
licensed to perform massages in the Township, not having completed
such course of study, at the expiration of such person's current
license, such person shall be issued a provisional license for a six-month
period for the purpose of enrolling and completing such course of
study.
Each massage establishment shall comply with the following requirements:
A.
The premises shall have adequate equipment for disinfecting instruments
and materials used in the administration of massages. Such instruments
and materials shall be disinfected after every use.
B.
All massage tables, bathtubs, shower stalls, steam rooms, sauna rooms,
bath areas and floors shall have surfaces which may be readily disinfected.
C.
All walls, ceilings, floors, showers, bathtubs, steam rooms, sauna
rooms and all other physical facilities shall be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms,
steam or vapor rooms, or steam or vapor cabinets, shower compartments
and toilet rooms shall be thoroughly cleaned each day the business
is in operation. When carpeting is used on the floors, it shall be
kept dry.
D.
The premises shall be equipped with a service sink for custodial
services.
E.
Each massage establishment shall have a minimum of one shower, one
toilet and one washbasin.
F.
If male and female patrons are to be served simultaneously, such
massage rooms, dressing facilities, toilet facilities, steam rooms
and sauna rooms as are provided shall be provided as separate facilities
for male and female patrons and each such separate facility or room
shall be clearly marked as such.
G.
Rooms in which massages are to be administered shall have at least
50 square feet of clear floor area and shall maintain a light level
of no less than 20 footcandles as metered at three feet above the
surface of the floor (for illustrative purposes only, such light level
is equivalent to light from a single forty-watt fluorescent lightbulb
in a fifty-square-foot room). Lighting in colors other than white
shall be prohibited. Such rooms shall contain a door incapable of
being locked from either the exterior or the interior.
H.
No stuffed or upholstered furniture or beds and mattresses shall
be permitted in rooms in which massage is to be administered. Such
rooms shall be equipped with massage tables having a hard surface
impervious to liquids, with a width of no more than three feet and
a length of no more than eight feet. The surface of such tables shall
be positioned at least two feet above the surface of the floor. Such
tables may be equipped with either nondisposable pads or coverings
or disposable pads or coverings not more than 2 1/2 inches thick.
Nondisposable pads or coverings shall be removable, impervious to
liquids and cleanable.
Every massage establishment and every massage technician shall
comply with the following requirements:
A.
Prohibited conduct. No person other than an employee of the massage
establishment shall be permitted to give massages in such massage
establishment, and all massage technicians giving massages in any
massage establishment shall be licensed as such and shall be deemed
to be employees of the massage establishment for all purposes by the
Township and shall not be deemed to be independent contractors.
B.
Massage establishments shall commence operations and massages may
be administered no earlier than 7:00 a.m. The hours of operation shall
extend no later than 10:00 p.m.
C.
A massage establishment shall prominently and publicly display its
license on the premises and each massage technician's license
shall be available for inspection. Price rates charged for any and
all services shall be prominently posted in the reception area in
a location available for view and no charges may be made other than
in accordance with such posted rates.
D.
No person under the age of 18 years of age shall be permitted to
enter or remain on the premises or receive any massage.
E.
Massage establishments shall at all times be equipped with an adequate
supply of clean towels, linens and coverings. Towels, linens and coverings
shall not be used by or on more than one patron unless they have first
been laundered and disinfected. Disposable towels, linens and coverings
shall not be used by or on more than one patron. Soiled towels, linens
and coverings shall be deposited in approved receptacles; disposable
items shall not be deposited in the same receptacle as nondisposable
items.
F.
Instruments used in administering massages shall not be used on more
than one patron unless they have first been disinfected. Massage table
pads and reusable table coverings shall be disinfected after each
use.
G.
Lotions and powders used during the administration of massage shall
be stored separately in containers clearly labeled as to contents
and shall be stored in cabinets used solely for such purpose.
H.
Massages shall not be administered to any patrons who have open sores
or other visual signs of contagion or communicable disease.
I.
For the purposes of ascertaining violations of this article and conducting
routine inspections, health inspectors, building inspectors, the Fire
Marshal or duly authorized fire code inspectors of the Township, or
police officers of the Horsham Township Police Department shall have
the right of entry into the premises of any massage establishment
during the hours such establishment is open for business.
J.
If an inspector observes that any massage technician has open sores
or otherwise has reasonable grounds to believe that any massage technician
is infected with a contagious or communicable disease, the inspector
shall have the right to suspend such technician from practicing or
administering massages until such time as the massage technician furnishes
a doctor's certificate showing the massage technician to be free
of any contagious or communicable disease.
K.
The owner or licensee or duly authorized manager shall be on duty
at all times during the hours such establishment is open for business,
such owner, licensee or manager being able to be identified by wearing
prominently an identification badge identifying as such owner, licensee
or manager.
L.
Eating or drinking shall not be permitted on the premises, including
but not limited to the serving, either for sale or otherwise, or the
possession of any alcoholic beverages.
M.
Animals, except for guide animals for the handicapped, shall not
be permitted within massage establishments.
N.
All employees, including massage technicians, shall only perform
massages and have contact with patrons while fully clothed in clean
and opaque clothing that fully covers the body from the shoulders
to the thighs and is no shorter than six inches above the knee. The
wearing of any form of lingerie as the sole garment shall be prohibited.
O.
No person, other than employees of the massage establishment, shall
remain on the premises of a massage establishment more than one hour
after closing. No massage establishment shall be used as a dwelling
unit or for residential purposes by any massage technician, and to
prevent the use of a massage establishment for use as a dwelling unit
all persons, including employees, shall vacate the premises within
two hours after closing and shall not reenter the premises more than
two hours prior to opening.
P.
Massage technicians shall wash their hands immediately prior to and
subsequent of the administration of any massage.
Q.
It shall be unlawful for any person in a massage establishment to
place his or her hands upon, touch, fondle or otherwise have any physical
contact with, including massaging a sexual or genital part of, any
other person or to offer to so touch any person. It shall be unlawful
for any person in a massage establishment to expose his or her sexual
or genital area to any other person.
No license issued under the provisions of this article shall
be transferable to another person. Upon the sale or transfer of any
interest in a massage establishment, the license therefor shall be
null and void. Any person desiring to continue to operate such massage
establishment following the sale or transfer of any interest shall
make application therefor pursuant to the provisions of this article.
Every license issued under the provisions of this article is
subject to revocation for violation any of the provisions of this
article. Said license may be revoked by the Code Enforcement Officer
after notice of the basis for such revocation. The license holder
shall have the right to appeal from such proposed revocation to the
Township Council and request a hearing. Notice of revocation shall
be given in writing and shall be served at least 10 days prior to
the effective date of the revocation by certified mail, by personal
service on the license holder or by posting the notice upon the entrance
to the massage establishment. The notice shall advise the license
holder of the right to appeal the proposed revocation. A hearing shall
be held before the Township Council, and the license holder shall
have the right to be represented at such hearing and to produce evidence.
All licenses issued pursuant to the provisions of this article
shall expire one year after the date of issuance. No later than one
month previous to the expiration, licensees shall make application
for renewal of said license.
In addition to the refusal or revocation of a license as provided
under this article, the owner of a massage establishment or any officer
thereof shall be liable for a civil penalty of not less than $1,000
for each and any violation of any provision of this article on the
part of any agent, servant or employee of such owner of a massage
establishment in a civil proceeding brought before a District Justice
by the Township in accordance with the Pennsylvania Rules of Civil
Procedure. It shall be an affirmative defense that the violation alleged
occurred without the knowledge of or outside the control of such owner
or officer.
Businesses subject to the provisions of this article operating
in the Township of Horsham as of the time of the effective date of
this article shall have five days from said effective date in which
to comply with the provisions of this article.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors of Horsham Township that this article would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.
This article shall become effective five days after enactment.
[Adopted 4-11-2012 by Ord. No. 2012-2]
The provisions of this article are designed to promote and protect
the health, safety and general welfare of the residents of the Township
of Horsham by establishing certain controls on dogs owned by residents,
nonresidents and visitors of the Township.
A.
CONTINUOUS or EXCESSIVE
DOG
OWNER
PERSON
For the purpose of this article, the following terms will have the
following meanings, respectively:
"Continuous" as used in this article shall mean uninterrupted,
unbroken and persistent or so persistently repeated at short intervals
as to constitute virtually an unbroken series. "Excessive" as used
in this article shall mean substantially greater than what is commonly
considered usual or common barking by a dog.
Shall include all male and female dogs.
Shall include every person having a right of property in
such dog, or any individual to whom a license has been issued for
such dog, and every person who keeps or harbors such dog or has it
in his care, and every person who keeps or harbors such dog to remain
on or about any premises occupied by him.
Shall include individuals, corporations, partnerships and
associations.
B.
Singular words shall include the plural and masculine words, the
feminine and neuter.
All dogs three months of age or older must be licensed. Licenses
are issued by the Office of the Montgomery County Treasurer.
All dogs must wear a collar and leash and be under control at
all times and may not be allowed to run at large upon property of
another or upon the streets and alleys of the Township. An unleashed
dog on the owner's premises or in the Kohler Park dog park shall
not be deemed to be running at large.
The owner of any dog shall properly curb such dog from:
A.
Scratching, digging, defecating, urinating upon any lawn, tree, shrub,
plant, building or any other public or privately owned property; and
B.
The owner of any dog, in the event such dog defecates on any property,
shall immediately remove and dispose of all feces and deposit it in
a sanitary manner.
The following activities shall be deemed to constitute a public
nuisance or hazard:
A.
Barking, howling and yelping in such a continuous, excessive and
habitual manner as to unreasonably disturb the peace, safety and quiet
of the immediate neighborhood;
B.
Doing any act which constitutes a nuisance or hazard to the health
and safety of the Township's thoroughfare; and
C.
Failure of the owner of any dog to properly clean and otherwise maintain
his pounds, kennels, yard and other areas in which such dog(s) is
kept.
Violations of any provisions of the Pennsylvania Dog Law, Act
119 of 2008, and amendments thereto, in accordance with the provisions
of said law shall be considered a violation of this article and enforced
accordingly.
Any person or entity who violates any of the provisions of this
article, upon conviction before a District Magistrate, shall be fined
not less than $100 and not more than $500 for such violation. In default
of the payment of any fine, such person shall be liable for imprisonment
of not more than 10 days in Montgomery County Prison. Whenever any
violator shall be notified by a representative of the Township or
by service of summons or prosecution or in any other way that such
violation has been committed, each day that the violation shall continue
in such violation shall constitute a separate offense punishable by
fine or penalty.
All ordinances or parts of ordinances inconsistent with the
provisions of this article are hereby repealed.
The provisions of this article are severable, and if any section,
sentence, clause, part of provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the Council that this article
would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, or part, or provision had not been included
herein.
This article shall take effect 30 days after enactment.
