HomeMy WebLinkAbout0384 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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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