As used in this chapter:
shall mean the termination of a pregnancy for purposes other
than producing a live birth. "Abortion" includes, but is not limited
to, a termination using pharmacological agents.
shall mean any communication or statement in television or
radio, or in any print medium, including, but not limited to, newspapers
and billboards, or by means of mailing directed generally to members
of the public, or in any other medium including over the internet,
concerning any services, any circumstance or any matter of fact connected
with a proposed performance, to induce directly or indirectly any
person to seek the services of a pregnancy services center.
shall mean an individual who is inquiring about or seeking
services at a pregnancy services center.
shall mean one or more prescription drugs: (A) used separately
or in combination, to prevent pregnancy, when administered to or self-administered
by a patient, within a medically-recommended amount of time after
sexual intercourse; (B) dispensed for that purpose in accordance with
professional standards of practice; and (C) determined by the United
States Food and Drug Administration to be safe for that purpose.
shall mean any oral or written information in any form or
medium that relates to health insurance and/or the past, present or
future physical or mental health or condition of a client.
shall mean a person licensed or otherwise authorized under
the provisions of federal, state, or local law to provide medical
services.
shall mean a pregnancy services center, as defined in subsection 8, that does not directly provide or provide referrals to clients for the following services: (A) abortions; or (B) emergency contraception.
shall mean services provided or offered to a person who is
or may be pregnant, including any of the following: pregnancy testing,
pregnancy diagnosis, obstetric ultrasounds, obstetric sonograms, or
prenatal care.
shall mean a facility, licensed or otherwise, and including
mobile facilities, the primary purpose of which is to provide services
to women who are or may be pregnant, that either: (1) offers obstetric
ultrasounds, obstetric sonograms or prenatal care to pregnant women;
or (2) has the appearance of a medical facility. A pregnancy service
center has the appearance of a medical facility if two or more of
the following factors are present:
The facility offers pregnancy testing and/or pregnancy diagnosis;
The facility has staff or volunteers who wear medical attire
or uniforms;
The facility contains one or more examination tables;
The facility contains a private or semi-private room or area
containing medical supplies and/or medical instruments;
The facility has staff or volunteers who collect health information
from clients; or
The facility is located on the same premises as a state-licensed
medical facility or provider or shares facility space with a state-licensed
medical provider.
|
It shall be prima facie evidence that a facility has the appearance
of a medical facility if it has two or more of the characteristics
listed above.
|
shall mean land and improvements or appurtenances or any
part thereof.
shall mean services consisting of physical examination, pelvic
examination or clinical laboratory services provided to a woman during
pregnancy. Clinical laboratory services refer to the microbiological,
serological, chemical, hematological, biophysical, cytological or
pathological examination of materials derived from the human body,
for purposes of obtaining information, for the diagnosis, prevention,
or treatment of disease or the assessment of health condition.
(23-07 § 3, 2023; Ord. 23-16 § 1, 2023)
a.
It is
unlawful for any pregnancy services center to make an advertising
statement that a reasonable consumer would believe indicates that
the pregnancy center provides abortion services, emergency contraception
services, prenatal care, or any other pregnancy-related service, despite
the pregnancy services center not providing that service or not making
a timely referral to a qualified service provider providing such services,
both with respect to the client in question and as part of the pregnancy
services center's business practice.
b.
It is
unlawful for any limited services pregnancy center, with intent directly
or indirectly to perform pregnancy-related services, to make or disseminate
or cause to be made or disseminated before the public in the city,
any advertising statement which is untrue or misleading, whether by
statement or omission, that the limited services pregnancy center
knows or which by the exercise of reasonable care should know to be
untrue or misleading.
c.
It is
unlawful for any limited services pregnancy center, with intent directly
or indirectly to perform pregnancy-related services, to make or disseminate
or cause to be made or disseminated from the city before the public
anywhere, any advertising statement which is untrue or misleading,
whether by statement or omission, that the limited services pregnancy
center knows or which by the exercise of reasonable care should know
to be untrue or misleading.
d.
It is
unlawful for any limited services pregnancy center, with intent directly
or indirectly to perform pregnancy-related services, to make or disseminate
or cause to be so made or disseminated any advertising statement as
part of a plan or scheme with the intent not to perform the services
expressly or impliedly offered, as advertised.
(23-07 § 3, 2023; Ord. 23-16 § 1, 2023)
a.
The
City Attorney and City Prosecutor may enforce the provisions of this
chapter through a civil action in any court of competent jurisdiction.
Before filing an action under this chapter, the City Attorney or City
Prosecutor shall give written notice of the violation to the limited
services pregnancy center. The written notice shall indicate that
the limited services pregnancy center has ten days in which to cure
the false, misleading, or deceptive advertising. If the limited services
pregnancy center has not responded to the written notice within ten
days, or refuses to cure the false, misleading, or deceptive advertising
within that period, the City Attorney may file a civil action.
b.
The
City Attorney may apply to any court of competent jurisdiction for
injunctive relief compelling compliance with any provision of this
chapter and correcting the effects of the false, misleading, or deceptive
advertising. Such an injunction may require a limited services pregnancy
center to:
1.
Pay
for and disseminate appropriate corrective advertising in the same
form as the false, misleading, or deceptive advertising.
2.
Post
a notice on its premises, in a location clearly noticeable from the
waiting area, examination area, or both, stating:
3.
Be
placed on a violator's list with other limited services pregnancy
centers in violation of this same chapter.
4.
Such
other narrowly tailored relief as the court deems necessary to remedy
the adverse effects of the false, misleading, or deceptive advertising
on women seeking pregnancy-related services.
c.
Upon a finding by a court of competent jurisdiction that a limited services pregnancy center has violated Section 9.28.020 of this chapter, the city shall be entitled to recover civil penalties from each and every party responsible for the violation of not less than $1,000 and not more than $5,000 per violation. In addition, if the city prevails it shall be entitled to reasonable attorney's fees and costs pursuant to order of the court.
d.
Nothing
in this chapter shall be interpreted as restricting or otherwise limiting
the enforcement authority that state law or municipal code vest in
the city, its agencies, officers or employees or any state agency.
e.
Nothing
in this chapter shall be interpreted as creating a right of action
for any party other than the city.
f.
Nothing
in this chapter shall be interpreted as restricting, precluding or
otherwise limiting a separate or concurrent criminal prosecution under
the municipal code or state law. Jeopardy shall not attach as a result
of any court action to enforce the provisions of this chapter.
(23-07 § 3, 2023; Ord. 23-16 § 1, 2023)
