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(a) There shall be no abortions performed subsequent to viability except where it is necessary in appropriate medical judgment for the preservation of the life or health of the woman.
(b) No person shall purposely take the life of the fetus born alive.
(c) No physician, nurse or other health care personnel shall be required, against his or her conscience, to perform, assist or participate in medical procedures which result in the termination of a pregnancy. The refusal of any person to perform, assist or participate in such medical procedures shall not be a basis for any disciplinary or other recriminatory action against him or her, nor shall he or she be liable to any other person for damages, allegedly arising from such refusal. No hospital, hospital director or governing board of any hospital shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against it.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
No person, firm or corporation shall engage in, carry on or operate an abortion service in the City unless and until he or she has first obtained a license to engage in, carry on and operate an abortion service. Every applicant for a license shall make an application in writing to the Commissioner of Assessments and Licenses, which application shall set forth and name under which the abortion service is to be operated and the name of every person, firm or corporation having an interest in the license, and the location where the abortion service is to be carried on, and if a corporation, the names and addresses of all corporate officers, and if a partnership, the names and addresses of all partners. Such application shall also cite that all standards, facilities and procedures required by this chapter are in the location stated in the application and ready for use.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
The Commissioner of Assessments and Licenses shall refer each application for a license hereunder to the Director of Public Health and Welfare, who shall forthwith make or cause to be made an on-site inspection of the premises, personnel and facilities where the proposed abortion service is to operate. After completing such inspection the Director shall return the application to the Commissioner with his or her approval or disapproval thereon. No license shall be granted by the Commissioner on disapproval of the Director.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
The license fee for each abortion service location shall be two hundred dollars ($200.00).
All applications shall be originally accompanied by a fee of sixty dollars ($60.00), which in no event shall be refunded. After the Director of Public Health approves the application, the Commissioner of Assessments and Licenses shall issue a license upon the payment of the balance of the two hundred dollar ($200.00) fee. All licenses shall be for a period of one (1) year and expire on December 31 next following the date of issuance. There shall be no rebate for any lesser time. The license required shall be conspicuously displayed on the premises.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
Notwithstanding any other provision of the Codified Ordinances, no license, required under the provisions of Section 231.06, shall be issued for an abortion service to be located in a Local Retail Business District as set forth in Section 343.01 of the Codified Ordinances, and no abortion service shall operate in a Local Retail Business District.
(Ord. No. 2048-77. Passed 7-18-77, eff. 7-18-77)
Any individual, firm, corporation, association or partnership which violates any provision of this chapter shall be guilty of a misdemeanor and fined not more than one thousand dollars ($1,000.00), and, if an individual, shall be imprisoned not more than six (6) months for each violation. Every violation shall be considered an individual offense subject to the full penalty of this section. The Director of Public Health and Welfare is hereby authorized to seal the operation, as it relates to the termination of pregnancies, of any office, clinic, medical center or hospital found to be in violation of any of the provisions of this chapter.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)