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0384 Tattoo Establishment Standards 1992CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 384 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING STANDARDS FOR THE OPERATION OF TATTOO ESTABLISHMENTS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. New Section 5.32. Section 5.32, "Tattoo Establishment", is hereby adopted and added to the Chubbuck Municipal Code as follows: Chapter 5.32 "TATTOO ESTABLISHMENT": 5.32.010 Definitions. The following definitions apply for this chapter: A. Operator: The single term "operator" shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another. B. Tattoo, tattooed, tattooing: The terms "tattoo," "tattooed," or "tattooing" refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin. Ordinance - Page 1 dsc chbbck08.122 5.32.020 License. Any operator as defined herein shall obtain an occupational license pursuant to Chapter 5.04 of the Chubbuck Municipal Code. 5.32.030 Minors. No operator shall perform any tattoo operation on a person under age 18 without the written approval of that person's parent or legal guardian. Additionally, no minors shall be on or about the premises of a tattoo establishment unless accompanied by a parent or legal guardian. 5.32.040 Records. Permanent records for each patron or customer shall be maintained by the operator of the establishment. Before the tattooing operation begins, operator shall obtain from the patron, patron's name, address, age, social security number or other identification number, and patron's signature and signature of a parent or guardian. operator shall verify patron's age by checking a driver's license or other such identification and operator shall record the form of identification checked to verify age. Such records shall be maintained in the tattoo establishment and shall be available for examination by the Chubbuck Police Department. Records shall be retained by the operator for a period of not less than three (3) years. In the event of a change of ownership or closing of the business, all such records shall be made available to the Chubbuck Police Department. Ordinance - Page 2 dsc chbbck08.122 5.32.050 Health and sanitary requirements. Each person who operates a tattooing establishment shall comply with the following requirements. A. The walls, floors and ceiling of the room in which the tattooing is done shall have an impervious, smooth, and washable surface. B. A toilet shall be located in the establishment and shall be accessible at all times that the tattooing establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels. C. All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from waiting customers. D. The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair. E. The operator shall wash his hands thoroughly with soap and water before starting to tattoo; the hands shall be dried with individual, single -use towels and latex gloves shall be worn by operator. F. No tattooing shall be done on any skin surface that has a rash, pimples, boils, infections or manifests any evidence of unhealthy conditions. Ordinance - Page 3 dsc chbbck08.122 G. Safety razors with a new, single -service blade for each customer or patron or a straight edge razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron. H. The area to be tattooed shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile singe -use sponge shall be used to scrub the area. After shaving and before tattooing is begun, a solution of seventy (70) percent alcohol shall be applied to the area with a single -use sponge used and applied with a sterile instrument. J. Only petroleum jelly in collapsible metal or plastic tubes, or its equivalent shall be used on the area to be tattooed and it shall be applied with sterile gauze. K. The use of styptic pencils, alum blocks, or other solid styptics to check the flow of blood is prohibited. L. Inquiry shall be made and anyone giving a history of recent jaundice, hepatitis, HIV or AIDS, shall not be tattooed. M. Single -service or individual containers of dye or ink shall be used for each patron and the container therefor shall be discarded immediately after completing work on a patron. Any dye in which the needles were dipped shall not be used on another Ordinance - Page 4 dsc chbbck08.122 person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one person and then immediately discarded. After completing work on any person, the tattooed area shall be washed with sterile gauze saturated with an antiseptic soap solution or a seventy percent (70%) alcohol solution. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive. Section 5.32.060 Care of instruments. A. All clean and ready -to -use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times. B. A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person or patron. Sterilization of equipment will be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of fifteen (15) pounds per square inch, temperature of two hundred forty (240) degrees Fahrenheit or one hundred sixteen (116) degrees Celsius. Ordinance - Page 5 dsc chbbck08.122 C. The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing so that they will not be contaminated. 5.32.070 Infections. No person, customer or patron having any skin infection or other disease of the skin or any communicable disease shall be tattooed. All infections resulting from the practice of tattooing which become known to the operator shall promptly be reported to the Chubbuck Police Department by the person owning or operating the tattooing establishment, and the infected client shall be referred to a physician. 5.32.080 Pigments, dyes. All pigments, dyes, colors, etc. used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes and colors used from stock solutions for each customer or patron shall be placed in a single - service receptacle and such receptacle and remaining solution shall be discarded after use on each customer or patron. 5.32.090 Bandages and surgical dressings. All bandages and surgical dressings used in connection with the tattooing of a person shall be sterile. Ordinance - Page 6 dsc chbbck08.122 5.32.100 Inspections. The Police Department may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not said establishment and the persons performing the art of tattooing therein are in compliance with all applicable provisions contained within the ordinance and other pertinent ordinances. It shall be unlawful for any person or operator of a tattooing establishment willfully to prevent or restrain an officer from entering any licensed establishment where tattooing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator. 5.32.110 Penalty. In addition to the revocation and suspension of any operating license, any person violating any provision of this ordinance shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. ADMINISTRATIVE PROVISIONS Section 1. Reveal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Ordinance - Page 7 dsc chbbck08.122 • 0 Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Further, this ordinance is deemed to establish reasonable regulations for the conduct of tattoo business and shall be applicable to existing tattoo establishments upon its effective date. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 8th• day O SEPTEMBER , 1992. MAYOR ATTEST: AWIA, CWY 1 CITY CLERK Ordinance - Page 8 dsc chbbck08.122 • SUMMARY OF ORDINANCE NO. 384 An ordinance of the City of Chubbuck, a municipal corporation, State of Idaho, enacting Chapter 5.32 of the Chubbuck Municipal Code "Tatoo Establishments", providing for definitions of Tatoo and Operator; providing for the requirement of a license; providing limitations with respect to minors; requiring certain records to be maintained; providing for minimum health and sanitary requirements for the premises and the operation of a tatoo establishment; providing minimal standards for the care of instruments; barring tattooing of people with infected skin or communicable diseases and requiring reporting of all infections resulting from tattooing to the Chubbuck Police; providing for the standards for the pigments and dies, including the requirement for single service receptacles; requiring sterile bandages; providing for inspections by the Chubbuck Police Department; providing for penalties for the violation of this ordinances; providing for the administrative provisions including the repeal of conflicting ordinances, the severability of the provisions of this ordinance, the dispensation of the rule requiring an Ordinance be read on three separate occasions; providing that this ordinance will be effective upon its passage, approval and publication as provided by law and fuller providing that this ordinance is deemed to establish reasonable regulations for conduct of tatoo businesses and is applicable to existing tatoo establishments upon its effective date. SUMMARY OF ORDINANCE NO. 384 - Page t dec chbbck10.122 • i A full text of this ordinance is available at the City Clerk's office, Chubbuck City offices, 5160 Yellowstone, Chubbuck, Idaho 83202. I have reviewed the foregoing summary and believe it provides a true and complete summary of Ordinance No. 383 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this �-day of October, 1992. Thomas J. Ho - mes - Chubbuck City Attorney SUMMARY Of ORDINANCE NO. 384 - Page 2 d9c chbbck10.122