HomeMy WebLinkAbout1655 - Tattooing Establishments & OperationNO. 7655
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADDING CHAPTER 6.20
• TO TITLE 6 OF THE NEWPORT BEACH MUNICIPAL
CODE, PERTAINING TO THE REGULATION OF
TATTOOING ESTABLISHMENTS AND OPERATIONS
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 6.20 is added to the Newport Beach
Municipal Code to read:
"CHAPTER 6.20
"TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS"
Sections:
6.20.010
Definitions.
6.20.020
Posting of regulations.
6.20.030
Maintenance of premises.
6.20.040
Source of dyes and inks
6.20.050
Maintenance of pigments, dyes and equipment.
6.20.060
Maintenance of stencils.
6.20.070
Tattooing operations --skin
condition of
customers.
6.20.080
.
Tattooing operations -
health history of
customers.
6.20.090
Tattooing operations -
health condition of
operator.
6.20.100
Tattooing operations -
smoking.
6.20.110
Tattooing operations -
apparel of operator.
6.20.120
Tattooing operations -
cleanliness of operator.
6.20.130
Tattooing operations -
shaving.
6.20.140
Tattooing operations -
skin preparation.
6.20.150
Tattooing operations -
use of stencils.
6.20.160
Tattooing operations -
use of approved dyes.
6.20.170
Tattooing operations -
use of sterile dyes.
6.20.180
Tattooing operations -
use of sterile equipment.
6.20.190
Tattooing operations -
discarding of certain
equipment.
6.20.200
Penalties.
6.20.010
Definitions. As used
in this Chapter,
unless the context otherwise requires,
the following
terms shall have the meanings ascribed to them respectively:
Health Officer - that person or office designated by
order of the City Council of the City of Newport Beach or by
1-0 contract approved by the said council as the person or
office having responsibility for the enforcement of the
provisions of this article.
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Operator - any person, whether the proprietor or
another person, administering a tattoo to any customer .
of a tattooing establishment.
Proprietor - the person having general control and
management over the conduct of business at a tattooing
establishment, whether or not such person is the legal
owner of the premises or the business.
Tattoo - an indelible mark or figure fixed upon a body
by insertion of pigment under the skin or by production
of scars.
Tattooing. establishment - premises used for the business
of marking or coloring the skin with tattoos, and all
furnishings, equipment, instruments, dyes and inks, and other
facilities maintained therein incidental to such use.
6.20.020 Posting of regulations. The Health
Officer shall prepare written regulations conforming to
the requirements imposed by this article and shall furnish
a copy of such regulations to the proprietor of each
tattooing establishment. The proprietor shall thereafter
cause such copy of the regulations to be posted in a
conspicuous place in his establishment.
6.20.030 Maintenance of premises. (a) All
tattooing establishments shall be equipped with running
hot and cold water, with adequate toilet facilities,
and with all such appliances, furnishings and materials
as may be necessary to enable persons employed in and
about such establishments to comply with the requirements
of this Chapter.
(b) The floors, furnishings and equipment of tattooing
establishments shall be kept clean at all times during
business hours. For purposes of this paragraph a floor
shall not be considered clean if it has not been swept and
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mopped within the preceding twenty -four (24) hour
period.
(c) All operating tables in tattooing establish-
ments shall be constructed of metal with white enamel
or porcelain finish, or stainless steel.
(d) Each tattooing establishment shall have
adequate lighting and ventilation. For purposes of this
paragraph lighting or ventilation shall be considered
as inadequate if it fails to comply with a standard
prescribed by the Health Officer:
(e) No tattooing establishment shall be used as a
sleeping room or dormitory.
6.20.040 Source of dyes and inks. (a) Proprietors
of tattooing establishments shall, on request of the
Health Officer, submit in writing to the Health Officer
the source of all dyes or inks retained for use in
tattooing operations, and thereafter shall notify the
• Health Officer in writing of any dyes or inks obtained for
use in tattooing operations from any source other than
those previously submitted.
(b) No dyes or inks from any sources which have been
disapproved by the Health Officer shall be retained available
for use in tattooing operations.
6.20.050 Maintenance of pigments, dyes and equipment.
No pigments, dyes, or equipment shall be retained
available for use in tattooing operations unless cleaned
and sterilized as provided in this section. For purposes
of this section, equipment shall include needles, needle
tubes, towels, blade holders, wiping cloths, paper towels and
napkins, charcoal, gauze bandages (unless purchased in
individual sterile packages), and all similar items.
is(a) All equipment shall be thoroughly cleaned before
being sterilized. Instruments shall be cleaned with soap
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or detergent by use of a brush. The interior of needle
barrels shall be brushed. After cleaning, equipment shall
be thoroughly rinsed under running fresh tap water.
• (b) All equipment shall be sterilized by autoclaving.
Each piece of equipment shall be individually wrapped with
paper in an approved method for autoclaving. Metal foil
may not be used. Tattooing needles shall be threaded
through the metal tube that attaches to the tattooing vibrator
and shall be placed in a glass (or autoclaveable plastic
test tube) with a cotton plug for autoclaving. Wiping
tissues shall be sterilized in a single pack to be used for
one tattoo only and then be discarded. All packs shall
be marked with temperature recording tape or labels.
(c) Dyes or inks shall be used from containers
sterilized in an autoclave after first being filled with
the dye. Dye shall be kept in a sterile condition and
the dye bottles filled with dye shall be autoclaved at
•least once a week or more often if necessary to keep the
dye in a sterile condition. The dyes may be placed in teflon
squeeze bottles that will withstand autoclaving..
(d) Steam sterilization of the above listed equipment
shall be accomplished in an autoclave with at least 15
pounds pressure per square inch (251 °F) for at least 15
minutes.
(e) All sterilized dyes, pigments and equipment shall
be stored in a manner which will insure sterility at the
time of use.
(f) Proprietors shall maintain sufficient sterilized
equipment available at the beginning of each workday to
allow completion of such workday without requiring resteriliza-
tion of such equipment.
• 6.20.060 Maintenance of stencils. No stencil,
whether new or used, shall be retained in a manner
available for use in any tattooing operation unless it
has been precleaned and disinfected in the following
manner:
we
(a) each stencil must be precleaned by being
scrubbed with soap and brush to the extent necessary
to remove all accumulations of carbon and vaseline in the
• etched grooves of the stencil.
(b) each stencil, after being precleaned and dried,
must be disinfected by being socaked, design -cut side down,
in a closed container of seventy percent (708) alcohol
for not less than thirty (30) minutes at room temperature.
(c) each stencil, after being disinfected, shall be
air dried for not less than thirty (30) minutes by being
suspended in a manner exposing both sides to the air,
and thereafter shall be stored for next use in a clean
envelope.
6.20.070 Tattooing operations - skin condition
of customers. No tattooing operation shall be performed
on skin surface areas containing any rash, pimples, boils,
or infection or otherwise manifesting any evidence of
• unhealthy conditions.
6.20.080 Tattooing operations - health history of
customers. No tattooing operation shall be performed except
after inquiry has been made as to whether the customer has
had a history of jaundice or hepatit within the previous
month, nor in any case when the customer discloses that
he has had such a history.
6.20.090 Tattooing operations health conditions of
operator. No tattooing operation shall be performed unless
the operator is free of communicable diseases and
pustular skin lesions.
6.20.100 Tattooing operations - smoking. No
operator shall smoke while performing a tattooing operation.
• 6.20.110 Tattooing operations - apparel of operator.
The operator must wear a clean, light - colored, short-
sleeved smock while performing the tattooing operation.
6.20.120 Tattooing operations - cleanliness of
operator. No operator shall perform a tattooing operation
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with unclean hands. For purposes of this paragraph hands
shall not be considered clean unless they have been
throughly washed with soap and water and dried with
individual, single -use towels prior to starting the
operation.
6.20.130 Tattooing operations - shaving. No
tattooing operation involving shaving shall be performed
unless the skin is washed with soap prior to the shaving
and unless the blade used in shaving is previously unused
and unless the blade holder has been autoclaved since
its previous use.
6.20.140 Tattooing operations - skin preparation.
No tattooing operation shall be performed unless the skin
is adequately prepared prior to the operation. For
purposes of this paragraph, skinshall be considered properly
prepared if it is thoroughly washed with soap following
shaving and thereafter scrubbed gently three times with
seventy percent (70 %) isopropyl alcohol, using a separate
sterile gauze pad each such time; and no alternate method
of skin preparation shall be considered adequate unless
approved in writing by the Health Officer.
6.20.150 Tattooinq operations - use of stencils.
No tattooing operation involving the use of stencils shall
be performed unless all of the following requirements have
been complied with:
(a) each stencil must be precleaned pursuant to
Section 6.20.050.
(b) each stencil, having been precleaned, must be
wiped with sterile gauze soaked.in seventy percent (70 %)
alcohol and air dryed immediately prior to its use in the.
tattooing operation.
(c) petroleum jelly used for stencils must be
obtained from a collapsible tube which has not previously
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been used in any tattooing operation and must be applied
to the skin with a sterile gauze which has not previously
been used.
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6.20.160 Tattooing operations - use of approved
dyes. No tattooing operation shall be performed using dyes
or inks of a type that has been disapproved for use by
the Health Officer pursuant to Section 6.20.040.
6.20.170 Tattooing operations - use of sterile
dyes. No tattooing operation shall be performed unless
the following requirements have been complied with:
(i) The dye or ink used for the tattoo must be
obatined from sterile dye or ink bottles and, prior to
the tattooing operation, transferred from such bottles
into sterile paper cups which have not previously been
used in any tattooing operation;
(ii) No dye or ink shall be used in which needles used
on another person have been dipped.
6.20.180 Tattooing operations - use of sterile
equipment. No tattooing operation shall be performed using
equipment that has not been cleaned and sterilized in the
manner set forth in Section 6.20.050.
6.20.190 Tattooing operations - discarding of
certain equipment. Operators shall discard the following
items immediately after use in any tattooing operation.
(a)
blades
used in
shaving.
(b)
tubes
and gauze
used in
application of petroleum
jelly used for stencils.
(c) paper cups used for dye or ink.
6.20.200 Penalties. Each of the following acts
or omissions shall constitute an infraction and upon
• conviction thereof shall be punishable by a fine not to
exceed five hundred dollars ($500.00):
(a) any performance of a tattooing operation by an
operator in violation of any requirement or prohibition
imposed by this article.
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(b) any failure by a proprietor to maintain a
tattooing establishment in conformity with the requirements
of this article. For purposes of this subparagraph (b),
each day upon which such a failure to conform occurs shall
constitute a separate violation.
SECTION 2. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The
City Council of the City of Newport Beach hereby declares
that it would have.adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irres-
pective of the fact that any one or more sections, subsections,
clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 3. This ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective thirty (30) days after the date of its.adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 12th
day of January , 1976, and was adopted on the 26th
day of January , 1976, by the following vote, to wit:
AYES, COUNCILMEN: McInnis, Dostal,
Barrett, Kuehn, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: Rogers
ro
Mayor
ATTEST:
City Clerk
CERRF[FD AS THE ORIGINAL AND
CERTIFIED AS TO PUZLICATiON
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T Y .. -,8- 1/7/76
GI7Y CLERK OF TH'z CI �NYR? . 7 GEAC