Yuba County Municipal Code Ch. 6.04 Massage License and Regulations

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State Law reference— Local regulation of the business of massage, Government Code § 51030 et seq.

This Chapter shall be known as the "Massage License and Regulation Ordinance."

(Prior Code, § 6.04.010; Ord. No. 862)

The purpose of this Chapter is to require the issuance of licenses as conditions for the conduct of massage services and massage establishments in the County of Yuba and to set forth the standards for governing issuance of said licenses, rules and regulations under which such licenses shall remain in force and for the conduct of such business, and providing punishment for operation of a massage establishment or rendering of massage services without a duly issued and valid license.

(Prior Code, § 6.04.020; Ord. No. 862)

As used in this Chapter, the words below are defined as follows:

(1) Massage means a method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, vibrating, or tapping with the hand or any instrument.

(2) Massage establishment means an establishment having a fixed place of business where any person, association, firm, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, magnet, or any other kind or character of baths or massage where alcohol rub, fomentation, baths, manipulation of the body or similar procedures are given.

(3) Massage technician means any person, male or female, who administers to another person any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body or other similar procedure.

(4) Person means any individual, partnership, association or corporation (including but not limited to agents for the limited purpose of representing a principal in the management, rental or operation of the property of such principal).

(Prior Code, § 6.04.030; Ord. No. 862)

It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the County of Yuba, the business of massage establishment or to render, or permit to be rendered massage services without having first obtained and have a license issued pursuant to the provisions hereinafter set forth.

(Prior Code, § 6.04.040; Ord. No. 862)

State Law reference— Authority to require license, Government Code § 51030.

(a) The requirements of Section 6.04.040 et seq. shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: Cosmetologist, barber, physician, surgeon, chiropractor, osteopath, physical therapist, or any nurse or aide working under the supervision of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed to practice their respective professions in the State of California, nor shall the requirements of section 6.04.040 et seq. apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code or any other law of this State. In addition, the requirements of Section 6.04.040 et seq. shall not apply to any trainer of any amateur, semi-professional or professional athlete, or athletic team. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors, osteopaths, or physical therapists or not, may not give massages or massage procedures in connection with licensed massage establishments, without obtaining a license pursuant to this Chapter.

(b) This Chapter shall apply to an independent contractor of any person described in Subsection (a) if the independent contractor is engaged in, or is purported to be engaged in, the business of massage.

(Prior Code, § 6.04.050; Ord. No. 862)

State Law reference— Similar provisions, Government Code § 51033.

An application for a license to operate a massage establishment or to perform massage services shall be filed with the Tax Collector and shall be in writing on forms provided by the County, and shall be accompanied by a payment of fee as provided for in Section 13.20.400, and shall be verified as provided in the Code of Civil Procedure for the verification of pleadings.

(Prior Code, § 6.04.060; Ord. No. 862)

Any applicant for a license shall submit the following information, under oath, in duplicate:

(1) The full name and present residence address of applicant.

(2) The two previous residence addresses immediately prior to present address of applicant.

(3) Written proof that the applicant is over the age of 18 years.

(4) Applicant's height, weight, color of eyes and hair.

(5) Two portrait photographs at least two inches by two inches.

(6) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.

(7) The massage or similar business license history of the applicant; whether such person, is previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(8) All criminal convictions except for minor traffic violations, and the reasons therefor.

(9) A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable diseases. This Subsection shall not apply to those owners of a massage establishment who are infrequently present at the establishment and do not provide massage services.

(10) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of theory, methods, profession, or work of massage technicians, which school requires a resident course of study of not less than 200 hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. Schools offering correspondence course not requiring actual attendance of class shall not be deemed a "recognized school." The County of Yuba shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for aforementioned minimum time periods. This Subparagraph shall not apply to owners, managers, or employees who do not personally engage in providing, or do not offer to provide, massage services.

(11) Nothing contained herein shall be construed to deny to the Sheriff's Department of the County of Yuba the right to take fingerprints of the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, managers, employees, or other persons to be in charge of the premises, nor shall anything contained herein be construed to deny the right of said department to confirm the height and weight of the applicant.

(12) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Subsection pertaining to a corporate applicant apply.

(13) If the applicant is for a license to operate a massage establishment, the application shall include the name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement.

(14) Such other identification and information, including any written waivers as may be required in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

(Prior Code, § 6.04.070; Ord. No. 862)

No such license shall be issued to any person under 18 years of age or to a partnership, association, or corporation, any officer or manager of which under 18 years of age.

(Prior Code, § 6.04.080; Ord. No. 862)

State Law reference— Authority to so provide, Government Code § 51031.

The Tax Collector shall refer all applications for a license to the Sheriff, Community Development and Services Agency Director, and Health Officer to ascertain if the issuance of such license would be inimical to the public health, peace, property, safety, morals, and general welfare of the County of Yuba and its inhabitants.

(1) The Sheriff shall investigate and shall ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, manager, employees, or other persons to be in charge of the premises have been convicted of a felony or any crime involving fraud, embezzlement, or moral turpitude, or whether such person or persons shall have had a license or permit for a similar business or a liquor license suspended, canceled, or revoked. He or she shall also ascertain whether or not any such persons are subject to the provisions of Penal Code § 290 requiring registration as sex offenders, or have been convicted of any felony offense specified in Health and Safety Code Div. 10, Ch. 2 (Health and Safety Code § 11054 et seq.). The Sheriff shall make a report of his or her findings to the Tax Collector, together with his or her recommendations, if any.

(2) a.

The Community Development and Services Agency Director and Health Officer within the jurisdiction and duties of their particular department, shall ascertain whether or not the premises to be used are suitable, proper, and adequate, and comply with applicable laws, ordinances, and regulations concerning such premises, and the activities to be conducted thereon.

b. If any of the said investigating officers should find, after investigation on his or her part as herein provided, that the premises do not comply with the law, or such use of the premises would result in a violation of the law, he or she shall recommend that the application be denied and set forth the grounds and details for such recommendation.

(3) The aforesaid investigating officers shall file with the Tax Collector their reports in writing, stating the extent of their investigation, sources of information, particulars of objections, and their recommendations.

(4) Either with or without the applicant's request and upon reasonable notice, the Tax Collector, in his or her discretion, may hold a public hearing on any application for a license under this Chapter.

(Prior Code, § 6.04.090; Ord. No. 862; Ord. No. 1405)

State Law reference— Grounds for denial of license, Government Code § 51032.

No license to conduct a massage establishment shall be issued unless an inspection by the County of Yuba reveals that the establishment complies with each of the following minimum requirements:

(1) A recognizable and readable sign shall be posted at the main entrance identifying the establishment; provided, that all such signs shall comply with any sign requirements of the County of Yuba.

(2) Lighting shall be provided which is not less than the minimum required by the Yuba County Building Code, as amended. In addition, at least one artificial white light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.

(3) Ventilation shall be provided which is not less than the minimum required by the Yuba County Building Code, as amended.

(4) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

(5) Hot and cold running water shall be provided at all times.

(6) Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen.

(7) In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed.

(8) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided; however, if male and female patrons are to be served simultaneously at the establishment, separate bathing, separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons.

(9) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must 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. Bathtubs shall be thoroughly cleaned after each use.

(10) Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common uses of towels or linens shall be permitted.

(11) A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers.

(12) No service enumerated in Section 6.04.030 of this Chapter may be carried on within any cubicle, room, booth, or any area within a massage establishment, which is fitted with a door capable of being locked.

(13) Proof of compliance with all applicable provisions of the Yuba County Ordinance Code shall be provided.

(Prior Code, § 6.04.100; Ord. No. 862)

(a) Within 45 days after the filing of an application for a license, the Tax Collector shall review the application, together with reports and the recommendations of the Sheriff, Community Development and Services Agency Director, and Health Officer, and shall grant said license or shall notify the applicant that he or she proposes to deny the license. Said notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application. In event of denial, the applicant may appeal to the Board of Supervisors in accordance with the provision of Sections 6.04.150 and 6.04.160 of this Chapter.

(b) For the purpose of permitting the applicant to correct minor defects, on request of the applicant and his or her assurance that the matters objected to will be corrected, the Tax Collector may extend the time within which the Tax Collector is otherwise required to act on the permit application for a period not to exceed 30 days.

(Prior Code, § 6.04.110; Ord. No. 862; Ord. No. 1405)

Nothing herein shall constitute a waiver of any other requirements of the Yuba County Ordinance Code.

(Prior Code, § 6.04.120; Ord. No. 862)

Subject to revocation or suspension, the license shall expire on that date set forth as the expiration date on the license, or one year from issuance. The license may be renewed annually upon application accompanied by the renewal fee. Applications for renewal shall be subject to all provisions of this Chapter.

(Prior Code, § 6.04.130; Ord. No. 862)

All licenses issued hereunder are nontransferable; however, a change of location of a massage establishment may be permitted provided all ordinances and regulations of the County of Yuba are complied with and provided a change-of-location fee in the amount established in Section 13.00.060 is paid to the County.

(Prior Code, § 6.04.140; Ord. No. 862)

If any person holding a license to carry on the business of a massage technician or a massage establishment, as provided in this Chapter, or any other ordinance or law relating to or regulating such business, shall conduct or carry on such business contrary to the provisions of this Chapter or any other ordinance or law relating to or regulating such business, it shall be the duty of the Sheriff of Yuba County, and said Sheriff may, in addition to other penalties provided by this Chapter, provide notice to the licensee of such violation. Such license shall be revoked ten days after such notice unless the licensee has in writing requested a hearing before the Board of Supervisors prior to the expiration of the ten-day period.

(Prior Code, § 6.04.150; Ord. No. 862)

The Board of Supervisors shall deny, suspend, or revoke a license upon a finding that the premises and conduct of activities therein either by the applicant, licensee or others is inimical to the public health, public peace, safety, morals, or general welfare. The Board of Supervisors may suspend or revoke any license upon a finding that the licensee has violated any of the general regulations for the conduct of massage establishments as set forth in this Chapter.

(Prior Code, § 6.04.160; Ord. No. 862)

State Law reference— Grounds for denial of license, Government Code § 51032.

(a) A license to engage in the business of massage may be denied, suspended or revoked upon a showing by the Sheriff, Tax Collector, or Board of Supervisors of any of the following:

(1) Proof that the massage personnel and the owners or operators of a massage business have been convicted of a violation of Penal Code § 647 or proof that the massage personnel or the owners or operators of a massage business are required to register under the provisions of Penal Code § 290.

(2) Proof that the massage personnel and the owners or operators of a massage business have been convicted of any felony offense involving the sale of a controlled substance specified in Health and Safety Code Div. 10, Ch. 2 (Health and Safety Code § 11054 et seq.).

(b) Nothing in this Section shall be construed to limit the right of the Sheriff, Tax Collector or Board of Supervisors to deny, suspend or revoke a license for any of the other grounds indicated in this Chapter.

(Prior Code, § 6.04.170; Ord. No. 862)

It shall be unlawful and the licensee or a manager approved in connection with issuance of a license under this Chapter shall not allow any person under the age of 18 years to be on, remain in, enter or visit any premises covered by a license issued under this Chapter.

(Prior Code, § 6.04.180; Ord. No. 862)

Every person to whom or for whom a license shall have been granted shall display said license and shall post and continually keep posted to a copy of this Chapter in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath, or treatment is given.

(Prior Code, § 6.04.190; Ord. No. 862)

It shall be the responsibility of the holder of the license for the massage establishment of the employer of any persons purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid license pursuant to this Chapter.

(Prior Code, § 6.04.200; Ord. No. 862)

In addition to standards imposed by this Chapter or by any other law upon those persons engaged in the practice of massage, any person holding a massage technician's license shall comply with the following standards, at a minimum, while engaging in the practice of massage:

(1) A technician shall be clothed in hygienically clean wearing apparel.

(2) At least every six months, a technician shall file with the Health Officer a written certificate from a licensed physician certifying that the technician has been examined within 30 days of the date of the certificate and found to be free of any communicable disease.

(3) A technician shall file with Tax Collector within then ten days after a change occurs, a written statement showing any change in name, address, telephone number or place of employment.

(4) No technician shall engage in the practice of massage at any private residence or on an out-call basis.

(Prior Code, § 6.04.210; Ord. No. 862)

A person operating a massage establishment shall maintain a current file of all persons employed by him or her. This file shall contain the true names and aliases used by such employees, age, birth date, height, weight, color of hair and eyes, home address, phone numbers, social security number, and the date of employment and termination. Such person shall make all records immediately available upon demand of any law enforcement officer.

(Prior Code, § 6.04.220; Ord. No. 862)

It shall be unlawful for any massage technician to massage the genital area of any patron or the breasts of any female patron or for any operator of a massage establishment to allow or permit such massage in such massage establishment.

(Prior Code, § 6.04.230; Ord. No. 862)

Every person operating a massage establishment under a license as provided in this Chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of this Chapter for the purposes of law enforcement and for no other purposes. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the County of Yuba shall constitute a misdemeanor and such officer or employee shall be subject to those penalties provided by law. Said records shall be maintained for a period of two years.

(Prior Code, § 6.04.240; Ord. No. 862)

A list of services available and the cost of such services shall be posted in an open, public place on the premises, and shall be described in readily understandable language. No owner, operator, responsible managing employee, or manager, shall permit, and no massage technician shall offer to perform any service other than those posted.

(Prior Code, § 6.04.250; Ord. No. 862)

No person operating a massage establishment shall permit communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officers.

(Prior Code, § 6.04.260; Ord. No. 862)

The licensee or manager approved in connection with issuance of a license under this Chapter shall be present on the licensed premises at all times when the establishment is in operation.

(Prior Code, § 6.04.270; Ord. No. 862)

Massages shall not be given unless patrons wearing clothing or other opaque covering fully covering their genitals and female patrons are in addition wearing clothing or other opaque covering fully covering their breasts. Where such clothing or covering is furnished patrons by the establishment, it shall not be used by more than one patron unless it has first been laundered and disinfected.

(Prior Code, § 6.04.280; Ord. No. 862)

A person shall not enter, be, or remain in any part of a massage parlor or premises licensed as such while in the possession of, consuming, or using any alcoholic beverage or drugs. The licensee, manager, and every supervising employee shall not permit any such person to enter or remain upon such premises.

(Prior Code, § 6.04.290; Ord. No. 862)

No person shall conduct or operate a massage establishment between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

(Prior Code, § 6.04.300; Ord. No. 862)

(a) Any person operating a massage establishment shall during business hours be responsible for, and provide that any premises used for the purposes of a massage establishment shall be readily accessible and open for inspection by law enforcement officers or other employees of the County of Yuba who are charged with enforcement of health and safety or penal laws of the County of Yuba or the State of California.

(b) The Community Development and Services Agency and Health Departments shall, from time to time and at least twice each year, make an inspection of each massage establishment in the County of Yuba for the purpose of determining that the provisions of this Chapter are met.

(Prior Code, § 6.04.310; Ord. No. 862; Ord. No. 1405)

No person licensed to do business as provided in this Chapter shall operate under any name or conduct his business under any designation as specified in his license.

(Prior Code, § 6.04.320; Ord. No. 862)

(a) Upon the sale or transfer of any interest in a massage establishment, the license shall be null and void. A new application shall be made by any person desiring to own or operate the massage establishment. A new fee shall be payable for each application involving sale or other transfer of any interest in an existing massage establishment. The provisions of Section 6.04.060 and Section 6.04.070 of this Chapter shall apply to any person applying for a massage establishment permit for premises previously used as such establishment.

(b) Any such sale or transfer of any interests in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment, shall require inspection and shall require compliance with Section 6.04.100 of the Code.

(Prior Code, § 6.04.330; Ord. No. 862)

The purpose of this Chapter, as set forth in Section 6.04.202, the definitions of Section 6.04.303; the exceptions of Section 6.04.050; the minimum requirements for facilities set forth in Section 6.05.200; Section 6.04.140 through Section 6.04.330, inclusive; Section 6.04.350; and the sections establishing the penalty for violations, Sections 6.04.360 and 6.04.370, shall be applicable to all persons and businesses described herein whether the herein-described activities were established before or after the effective date of this Chapter. Those massage establishments in existence in the County of Yuba on the effective date of this Chapter shall have 60 days to comply with the provisions of this Chapter.

(Prior Code, § 6.04.340; Ord. No. 862)

(a) No license shall be issued and it shall be unlawful for any person to operate a massage establishment in proximity to a school.

(b) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:

(1) Operate a massage establishment and operating a massage establishment means to own, lease (as lessor or lessee), rent (as landlord, tenant, or agent), manage, operate, conduct, direct, or be employed in a massage establishment. An "operator" of a massage establishment is a person who is operating a massage establishment or who attempts to operate a massage establishment.

(2) Proximity to means within a distance of 1,000 feet, measured in a straight line from the two points nearest to one another upon the respective property lines of the massage establishment and the school, which are the subject of such measurement and so situated as to justify the findings by a grand jury or by a magistrate that there is probable cause to believe that children under the age of 17 years and eligible to use any part of the school to which such measurement is referred are likely to have a reasonable opportunity to view the massage establishment and that there is a substantial risk that such view may occur at a time when such children are not under the immediate custody and control of a parent or guardian and are lawfully using any part of such school or traveling to or from such use.

(3) School means "school building" (as defined in this Section) and the adjacent and surrounding grounds, campus, playgrounds, and athletic fields owned or operated by the owner or operator of such adjacent or included school building and used or intended to be used by or for the benefit of the students for whose benefit such school building is maintained. "School" means any educational institution, not excluded by this Subsection or by the definition of harmful matter contained in this Section, publicly or privately owned or operated, the enrollment of which (when instruction is being conducted therein or thereon) is in substantial part composed of children under the age of 17 years. "School" includes nursery schools, schools for education of handicapped children, and schools for instruction of children in special subjects (including, but not limited to, crafts, arts, athletics, summer courses, vacation courses or weekend courses, and religious training). "School" does not include colleges, universities, business schools, or vocational schools (unless the enrollment of such vocational school is composed of children, more than 50 percent of whom are under the age of 17 years, and which is otherwise included within the foregoing definition of "School").

(4) School building means all structures, including utility systems or facilities necessary to the complete functioning of the structures, used or designed to be used for instructional purposes for children a substantial portion of whom are under the age of 17 years, or intended to be entered by such children or the teachers of such children, or structures operated as school units for such children. "School building" includes classrooms (including kindergartens, laboratories, shops, music buildings, demonstration rooms, and green houses), auditoriums (including assembly rooms and multipurpose rooms), gymnasium and athletic facilities (including locker rooms, shower rooms, swimming pools, field houses, bleachers, grandstands, and floodlighting poles), libraries (including reading rooms and museums), administration buildings (including offices, bookrooms, students' stores, cafeterias, lunch shelters, bicycle shelters and dormitories), and sanitary facilities (including toilets and lavatory buildings) used or designed to be used for children a substantial portion of who are under the age of 17 years.

(c) Notwithstanding any other provision of this Section, an exception to the limitations of this Section may be granted by the Tax Collector for good cause shown to any massage establishment in existence on the effective date of this Chapter.

(Prior Code, § 6.04.350; Ord. No. 862)

Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(Prior Code, § 6.04.360; Ord. No. 862)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

Any massage parlor operated, conducted, or maintained contrary to the provision of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the District Attorney may in addition or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage parlor and restrain and enjoin any person from operating, conducting, or maintaining a massage parlor contrary to the provisions of this Chapter.

(Prior Code, § 6.04.370; Ord. No. 862)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The Board of Supervisors, hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

(Prior Code, § 6.04.380; Ord. No. 862)