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HomeMy WebLinkAboutOrd.16.09-20-1982 ti � . BILL NO. 82-45 ORDINANCE NO. � �,,. AN ORDINANCE CREATING AND ENACTING A NEW ARTICLE III OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ENTITLED REGULATION OF ABORTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. A new Article III of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby created and enacted, to read as follows: "ARTICLE III. REGULATION OF ABORTIONS Sec. 15-30. Definitions. As used in this Chapter: (a) "Abortion" means the purposeful termination of a human pregnancy after implantation of a fetilized ovum by any person, including the pregnant woman herself, with an inten�ion other than to necessarily produce a live birth or to remove a dead unborn child. (b) "Hospital" means a general hospital or special hospital devoted to gynecology or obstetrics which is accredited by the Joint Commission on Accreditation of Hospitals or by the American Osteopathic Association. (c) "Health" means physical or mental health. (d) "Abortion facility" means a clinic, physician' s office, or any other place or facility in which abortions are performed, other than a hospital . (e) "Physician" means a person licensed to practice medicine in the State of Missouri. Sec. 15-31. Notice of Abortion. (a) If the pregnant woman is married, the husband shall be given notice of the proposed termination of pregnancy and an opportunity to consult with the wife concerning �t���., .,. �, � • the procedure, unless the wife shall state that the husband is not the father of the unborn child. The physician may rely on a written statement of the wife that such notice and apportunity has been given, or he may rely on the written consent of the husband to the proposed termination of pregnancy. If the husband and wife are separated or estranged, the provisions of this paragraph for notice or concent shall not be required. The physician may rely upon a written statement from the wife that the husband is voluntarily living apart or estranged from her. (b) This provision shall not apply where there is an emer- gency need for an abortion to be perfromed or induced such that continuation of the pregnancy poses an im- mediate threat to the life of the pregnant woman; and the attending physician so certified in writing. The certification must contain a diagnosis of the disease or condition, and the clinical affect of the pregnancy on the disease or condition, and the physician' s prog- nosis of the health of the patient as affected if the fetus were carried to term. Sec. 15-32. Inspection. The City Manager shall designate an appropriate city department to physically inspect all known abortion fa- cilities, on a periodic basis as deemed necessary, to insure compliance with all laws, ordinances, rules and regulations of the City of Cape Girardeau, and State of Missouri con- cerning health and sanitation. (a) The inspection provision shall specifically exempt any facility inspected by or required to be inspected by the State of Missouri, as it relates to this Article. (b) This inspection provision shall specifically exempt any facility upon the written statement of the physician that abortions are not performed within their facility. Sec. 15-33. Funding. No funds collected or disbursed by the City of Cape Girardeau may be used directly for the performance of abortion. Sec. 15-34. Freedom of Conscience. (a) No private hospital, hospital director, or governing board of a private hospital, within the City of Cape Girardeau, is required by this ordinance to permit abortion to be performed in such hospital. 2 . t, r ' (b) No person is required by this ordinance to perform or participate in medical procedures which result in an abortion or medical procedures which are in preparation for an abortion. Sec. 15-35 . Forms. The City of Cape Girardeau, Missouri, shall make available to physicians performing abortions in the City of Cape Girardeau constructive notice forms and certification forms as provided for in Section 15-31 of this Chapter. Sec. 15-36. Penalty. Whoever violates any provision of this Article shall upon conviction thereof be punished as prescribed in Section 1-8 of this Code. " SECTION 2. Sections 15-21 through 15-29 of the Code of Ordinances of the City of Cape Girardeau, Missouri, are hereby reserved. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. SECTION 5 . This ordinance shall be in full force and effect 3. � . • � y. . ten days after its passage and approval. /r -��_ f ( ` PASSED AND APPROVED THIS ;�(,- DAY OF �"*r--��---Z- , 1982. , G� C/i' i--a-�c-�.._. Howard C. Tooke, Mayor ATTEST: ,. �--% � �� t_�� ,� � �.�a_�_. ��.,--. �_��.-��..� � � Verna L. Landis, City Clerk 4 .