[HISTORY: Adopted by the Town Board of the Town of Wawayanda 9-2-2010 by L.L. No.
1-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 195.
This chapter applies to the profession of massage therapy.
As used in this chapter, the following terms shall have the
meanings indicated:
The practice of the profession of massage therapy is defined
as engaging in applying a scientific system of activity to the muscular
structure of the human body by means of stroking, kneading, and tapping
with the hands for the purpose of improving muscle tone and circulation.
A.
Practice of massage therapy and use of title "masseur," "masseuse"
or "massage therapist" or the term "massage" or "massage therapy:"
Only a person licensed or authorized pursuant to this chapter shall
practice massage therapy, and only a person licensed under this chapter
shall use the title "masseur," "masseuse" or "massage therapist."
B.
No person, firm, partnership or corporation claiming to be engaged
in the practice of massage or massage therapy shall, in any manner
described, advertise, or place any advertisement for services as defined
herein unless such services are performed by a person licensed or
authorized by the State of New York Department of Education.
C.
Said persons shall possess a valid massage therapist license issued
by the State of New York Department of Education.
Nothing contained in this chapter shall be construed to prohibit
the practice of massage therapy by:
A.
Any person who is authorized to practice medicine, nursing, osteopathy,
physiotherapy, chiropractic, or podiatry in accordance with the provisions
of this title.
B.
Barber shops or beauty parlors which customarily give massages for
the purpose of beautification by any licensed barber or beauty culturist.
C.
Any person employed in a medical institution licensed or chartered by the State of New York, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy by Subsection A of this section, or by any person enrolled in a program of a school or institute of massage therapy registered by the Education Department, or enrolled in a program which satisfies the requirements of § 111-3 of this chapter, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy by Subsection A of this section.
D.
Any person duly employed as a trainer by a professional athletic
association, club or team, or as a member of the physical education
department of an accredited university, college or high school.
E.
Any person employed by a corporation or association organized exclusively
for the moral or mental improvement of men, women or children.
A.
In addition to the requirements contained in this Code or any other
state, county or local laws or regulations, massage therapy establishments
shall only be located in business/commercial zoning districts; shall
not be located within a three-hundred-foot radius of any property
used for residential purposes and/or the boundary of any residential
zoning district within the Town. No massage therapy establishment
shall be located within a 1/2 mile radius of another such use.
B.
No massage
therapy establishment shall be located within a five-hundred-foot
radius of any school, church or any other place of religion worship,
park, playground or playing field.
To the extent that this chapter may conflict with applicable
portions of the Town Law of the State of New York, it is the stated
intention of the Town to exercise its authority to supersede and amend,
as granted under the Municipal Home Rule Law of the State of New York,
§ 10. The Town hereby provides notice that it is exercising
its authority to supersede and amend pursuant to Municipal Home Rule
Law of the State of New York § 22.
