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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. -1- • • • 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 -2- 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 -3- 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 -5- • • L J 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 MC been used in any tattooing operation and must be applied to the skin with a sterile gauze which has not previously been used. • 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. -7- 0 • 0 (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 ®A �� DDO /bc T Y .. -,8- 1/7/76 GI7Y CLERK OF TH'z CI �NYR? . 7 GEAC