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4409FOLLOWS: V ORDINANCE NO. 4409 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.29.030 OF CHAPTER 4.29 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS REGULATION. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS cFrTTnw 1 That Section 4.29.030 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.29.030 EXCEPTIONS. The requirements of Chapter 4.29 shall have no application and no effect upon, and shall not be construed as applying to, any person or business designated as follows: (a) Any physician, surgeon, chiropractor or osteopath duly licensed to practice such profession in the State of California; (b) Any person working under the direct on -premise supervision of, or pursuant to a written order or prescription issued by, a physician duly licensed to practice medicine in the State of California; provided, however, that any such person, other than a person specified in subsections (a) or (c) hereof, shall be required to be licensed as a Massage Technician pursuant to this Chapter; (c) Any person, other than a person specified in subsection (a) hereof, administering treatment in the course of the practice of any healing art which such person is duly licensed to practice pursuant to any provision of Division 2 of the Business and Professions Code of the State of California; (d) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client." -1- SECTION 2. NONCONFORMING USES. Notwithstanding any other provision of the Anaheim Municipal Code, any use, business or activity which was lawfully in existence on the effective date of this ordinance and which was thereby rendered nonconforming with any provision of the Anaheim Municipal Code shall be discontinued or be brought into full compliance with the provisions of said Code within ninety days from the effective date of this ordinance; provided, however, that, prior to expiration of said ninety day period, said period of abatement may be extended for an additional period of time upon a hearing and determination by the City Council that such extension is reasonably necessary to prevent undue hardship. Any such request for an extension of said period of abatement must be made in writing to the City Council by filing said request with the City Clerk not later than thirty days prior to the expiration of said ninety day abatement period. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal pro- visions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as or- dinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and con- tinuations, and not as new enactments. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be inval- id, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fif- teen (15) days after its adoption in the Anaheim Bulletin, a news- paper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -2- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 29th day of March, 1983. MAYOR OF THE CITY OF NAHE ATTEST: CITY CLERK OF THE ITY OF ANAHEIM JLW:f_m 0659M 2-23-83 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4409 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of March, 1983, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of March, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4409 on the 29th day of March, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1983. Of CITY C ERK OF THE CITY OY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4409 and was published once in the Anaheim Bulletin on the 7th day of April, 1983.