HomeMy WebLinkAboutOrdinance #3237 r
ORDINANCE NO. 3237
- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADDING CHAPTER 8 . 70 TO THE
HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO
TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS
WHEREAS, the City Council wishes to ensure protection of
the health and safety of the citizens of the City of Huntington
Beach by regulating the establishment and operation of tattoo
businesses within the City; and
NOW, THEREFORE, the City Council does hereby ordain as
follows :
SECTION 1 . Chapter 8 .70 is hereby added to Title 8 of the
Huntington Beach Municipal Code to read:
Sections :
8 . 70 . 010 Definitions .
8 . 70 . 020 Maintenance of Premises .
8 . 70. 030 Source of Dyes and Inks .
8 . 70. 040 Maintenance of Pigments, Dyes and Equipment .
8 . 70 . 050 Maintenance of Stencils .
8 . 70 . 060 Tattooing Operations - Skin Condition of Customers .
8 . 70 . 070 Tattooing Operations - Health History of Customers .
8 . 70 . 080 Tattooing Operations - Health Condition of Operator.
8 . 70 . 090 Tattooing Operations - Smoking .
8 . 70. 100 Tattooing Operations - Apparel of Operator .
8 . 70 . 110 Tattooing Operations - Cleanliness of Operator .
8 . 70 . 120 Tattooing Operations -- Shaving.
8 . 70 . 130 Tattooing Operations - Skin Preparation.
8 . 70 . 140 Tattooing Operations - Use of Stencils .
8 . 70. 150 Tattooing Operations - Use of Approved Dyes .
8 . 70 . 160 Tattooing Operations - Use of Sterile Dyes .
8 . 70 . 170 Tattooing Operations - Use of Sterile Equipment .
8 . 70 . 180 Tattooing Operations - Discarding of Certain
Equipment .
8 . 70 . 190 Inspections - Health Services Fee Schedule.
8 . 70 . 200 Penalties .
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CHAPTER 8.70
TATTOOING ESTABLISHMENT AND OPERATION RECULATIOMS
8.70.010 Definitions.
(a) Health Officer. That person or office designated by order of
the City Council of the City of Huntington Beach or by contract
approved by the said council as the person or office having
responsibility for the enforcement of the provisions of this article.
(b) Operator. Any person, whether the proprietor or another
person,, administering a tattoo to any customer of a tattooing
establishment .
(c) Proprietor. The person having general control and management
is
over the conduct of business at a tattooing establishment, whether
or not such person is the legal owner of the premises or the
business .
(d) Tattoo. An indelible mark or figure fixed upon a body by
insertion of pigment under the skin or by production of scars .
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(e) 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.
8.70.-020 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 mopped within the
preceding twenty-four (24) hour period.
(c) All operating tables in tattooing establishments shall be
constructed of metal with white enamel or porcelain finish, or
stainless steel .
(d) Each tattooing establishment shall have adequate lighting;'Iand
ventilation. For purposes of this paragraph lighting or ventilation
shall be considered as inadequate if it fails to comply with a
standard Y
prescribed b the Health Officer .
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(e) No tattooing establishment shall be used as a sleeping room or
dormitory.
8.70. 030 Source of Dyes and Inks.
(a) Proprietors of tattooing establishments shall on request of
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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 .
8.70.040 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 the 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 .
(a) All equipment shall be thoroughly cleaned before being
sterilized. Instruments shall be cleaned with soap or detergent by
use of a brush. The interior or needle barrels shall be brushed.
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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
autoclavable plastic test tube) with a cotton plug for autoclaving.
Wiping tissues shall be sterilized in a single pack to be used for
one tattoo and then be discarded. All packs shall be marked with
temperature recording tape or labels .
(C) Dyes or inks shall be used from containers with a cap that
completely covers the opening and is attached to the neck of the dye
container, sterilized in an autoclave after first being filled with
the dye. Dye shall be handled utilizing aseptic techniques and the
dye containers 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 (2510F) for at least 15 minutes . Other means of
sterilization may be approved by the Health Officer.
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(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 resterilization of such equipment .
8.70.050 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:
(a) Each stencil must be precleaned by being scrubbed with soap and
brush to the extent necessary to remove all accumulations of carbon
and petroleum jelly in the etched grooves of the stencil .
(b) :" Each stencil, after being precleaned and dried, must be
disinfected by being soaked, design-cut side down, in a closed
container of seventy percent (70%) 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.
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8.70.060 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 .
8.70.0,70 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
hepatitis, nor in the case when the customer discloses that he has
had a history. The tattoo operator shall inform the customer of any
potential health risks involved whenever the skin is violated as
required by the Health Officer.
8..70 0.80 'Tattooing Operations/Health Conditions of Operator. No
tattooing =operations shall be performed unless the operator is free
of communicable diseases and pustular skin lesions .
8.70.090 Tattooing Operations - Smoking. No operator shall smoke
while performing a tattooing operation.
8.70. 100Tattooing Operations - Apparel of Operator. The operator
must wear a clean, light-colored, short-sleeved smock while
performing the tattooing operation.
8.70.110 Tattooing Operations - Cleanliness of Operator. No
operator shall perform a tattooing operation with unclean hands .
For purpose of this paragraph hands shall not be considered clean
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unless they have been throroughly washed with soap from a single
service dispenser and warm water, vigorously rubbing all surfaces of
lathered hands for at least 10 seconds, followed by thorough rinsing
, under a stream of water . Hands shall be dried using single service
towels from a dispenser or hot air blower. If a liquid soap is
used, the dispenser shall be cleaned and filled with fresh soap only
when empty.
Tattoo operators shall wear protective gloves while
handling needles or blades, or doing any procedure that may cause
bleeding. '' Gloves shall be discarded between each customer.
8 . 70. 120 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 j
- previously unused and unless the blade holder has been autoclaved is
since its previous use.
8 .70. 130 Tattooing Operations - Skin Preparation,. No tattooing
operations shall be performed unless the skin is adequately prepared
prior to the operation. For purposes of this paragraph, skin shall
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 n
preparation shall be considered adequate unless approved in writing
by the Health Officer.
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8.70.140 Tattooing Operation 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 8 . 70 . 050 .
(b) Each stencil, having been precleaned, must be wiped with
sterile gauze soaked in seventy percent (700) alcohol and air dried
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 been used in any"�tattooing
operation and must be applied to the skin with a sterile gauze which
has not previously been used.
8.70 . 150 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
8 . 70 . 030.
8.70. 160 Tattooing Operations Use of Sterile Dyes. No tattooing
operation shall be performed unless the following requirements have
been complied with:
(a) The dye or ink used for the tattoo must be obtained from
presterilized dye or ink bottles and, prior to the tattooing
operation, aseptically transferred from such bottles into sterile
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paper cups which have not previously been used in any tattooing
operation. No refilling of the dye cup is permitted.
(b) No dye or ink shall be used in which needles used on another
person have been dipped.
8.70.170 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
8 .70 . 040.
8 .70 . 180 Tattooing Operations Discarding of Certain Equipment.
Operators can 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 . V
(c) Paper cups used for dye or ink.
8 .70. 190 Inspections - Health Services Fee Schedule. The County
Health Officer shall periodically make inspections of tattooing
establishments located in the City of Huntington Beach to determine
if the proprietor or operator of such establishments are complying
with the provisions of this Chapter . The County shall, by annual
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Board Resolution, adopt health service fees to be paid by the
proprietor or operator of the tattoo establishment . Such fees to be
paid directly to the County Health Officer and retained by the
County as reimbursement for said services related to this ordinance.
8.70.200 Penalties. Each of the following acts or omissions shall
constitute a misdemeanor.
(a,) Any performance of a tattooing operation by an operator in
violation of any requirement or prohibition imposed by this article.
(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 . Nothing in this section shall preclude enforcement
or prosecution of any other applicable law.
SECTION 3 . This ordinance shall take effect 30 days after its
passage.
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PASSED AND ADOPTED b the City Council of the City of Huntington
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Beach at a regular meeting thereof held on the 21gT day
of JUNE 19 9.4 .
Mayor
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ATTEST: APPROVED AS TO FORM:
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City Clerk C' t Attorney
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REVIEWED AND APPROVED: INITIATED AND APPRO
ity Adminis rator Chief of Polio
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3237
Ord. No. 3237
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing ordinance was read to
said City Council at an adjourned regular meeting thereof held on the 18th day of
May, 1994, and was again read to said City Council at a regular meeting thereof
held on the 21st day of June, 1994, and was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council.
AYES: Councilmembers:
Silva, Bauer,Moulton-Patterson, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Robitaille
Huntington Beach and��-oirc,u oieek ai a'a" W„ City Clerk and ex-officio Merk
Council, do hereby ce,tir that s ,off:i.^ of the City Council of the City
ordinance has been nubli hr d in tie DaP,'i
of Huntington Beach, California
In a.=dan vAiih the i;y Cir.� er Of sab
Connie