HomeMy WebLinkAboutORD 1407 (2011)ORDINANCE NO. 1407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN
CITY GODS REGULATING THE INSPECTION OF BODY ART
FACILITIES BY THE ORANGE GOUNTY HEALTH CARE AGENCY;
AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 3 ADDING
DEFINITIONS PERTAINING TO BODY ART; AMENDING PART 5 OF
CHAPTER 6 OF ARTICLE 3 PERTAINING TO A BODY ART PERMIT;
AND AMENDING SECTION 9232b OF PART 3 OF CHAPTER 2 OF
ARTICLE 9 TO PERMIT BODY ART FACILITIES.
The City Council of the City of Tustin hereby ordains as follows:
Section I. The City Council finds and determines as follows:
A. That the proposed amendment to the Tustin City Gade is
necessary to: 1) enable the inspection and regulation of body
art facilities within the City of Tustin by the Orange County
Health Care Agency and the City of Tustin; 2) establish a .body
art permit for body art practitioners; and 3) permit body art
facilities subject to operational requirements necessary and
appropriate to protect the health and safety of body art facilities.
B. That permanent cosmetics facilities are currently the only type
of body art facility permitted and regulated within the City of
Tustin. Other types of body art facilities include tattoo
establishments and body piercing facilities.
C. Tattoo establishments and body piercing facilities are not listed
as permitted uses in the Tustin Zoning Code, and the Tustin
City Code contains no specific provisions regulating the
location, development,. or operational characteristics of
establishments where tattoos or body piercings are placed on
individuals.
D. In a recen# case, Anderson v. City of Hermosa Beach, the Ninth
Circuit Court of Appeals ruled that the City of Hermosa Beach's
total prohibition on the establishment and operation of tattoo
parlors within the city was unconstitutional, and that cities may
only impose reasonable '"time, place, and manner" regulations
on such activities. The Ninth Circuit held that a tattoo, the
process of tattooing, and the business of tattooing are pure
forms of expression fully protected by the First Amendment to
the United States Constitution, and that the City of Hermosa
Beach's total ban on tattoo parlors was not a reasonable "time,
Ordinance No. 1407
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place, or manner" restriction. The Ninth Circuit's decision calls
into question the effectiveness of the Tustin City Code in
regulating the act and/or business of tattooing and addressing
land uses related to tattooing.
E. Tattooing is an activity that, if undertaken in unsanitary
conditions, can lead to the transmission of infectious diseases,
including hepatitis, syphilis, tuberculosis, and HIV. Based upon
the experience of other cities, it is reasonable to conclude that
similar negative effects could occur in the City of Tustin as a
result of the establishment or operation of tattoo establishments
that do not meet minimum sterilization, sanitation, and safety
standards.
F. The City has received inquiries regarding the permitting and
establishment of tattoo establishments within the City. The
issuance or approval of any business license, permit or other
entitlement for the establishment or operation of tattoo
establishments is a threat to the public health, safety, and
welfare in that there currently are no specific standards or
regulations in the Tustin City Code that comprehensively
address the potential negative effects associated with the
location and operation of such facilities. Absent reasonable
time, place, and manner regulations governing tattoo
establishments, such uses could be established in areas of the
City where they are inconsistent andlor incompatible with the
surrounding land uses and/or operated under unsanitary
conditions, thereby increasing the risk of transmission of
infectious diseases.
G. The City has completed a study, which is incorporated in the
City Council Report dated October 4, 2011, regarding
appropriate operational requirements necessary to protect the
public health, safety, and welfare of the community and
employees of body art facilities from impacts associated with
the operation of body art establishments.
H. That the proposed amendment will establish body art facilities,
including body piercing, tattooing, or the application of
permanent cosmetics, as a permitted use within the City of
Tustin Retail Commercial (C-1 }, Central Commercial (C-2},
Heavy Commercial (C-3}, and Commercial General (CG}
Zoning Districts, subject to operational requirements established
below, and establish that all body art practitioners practicing at
such facilities shall be licensed as required herein.
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That on March 20, 2007, the Tustin City Council adapted
Ordinance No. 1324 to enable the inspection and regulation of
permanent cosmetics facilities within the City of Tustin by the
Orange County Health Department.
J. That on February 1, 2011, the Tustin City Council adopted
Interim Urgency Ordinance No. 1392 relating to the
establishment or operation of tattoo establishments.
K. That on March 1, 2011, the Tustin City Gouncil adopted Interim
Urgency Ordinance No. 1396, which extended Interim Urgency
Ordinance No. 1393 for an additional period of ten (10} months
and fifteen (15) days.
L. That the proposed amendment is not subject to the California
Environmental Quality Act ("CEQA") pursuant to CEQA
Guidelines Sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the
environment} and 15060(c)(3) (the activity is not a project as
defined in Section 15378) (Title 14, of the California Cade of
Regulations} because it has no potential for resulting in physical
change to the environment, directly or indirectly; it prevents
changes in the environment by requiring the approval of body
art permits far body art practitioners and imposing operational
conditions on body art facilities.
M. That on September 27, 2011, the Tustin Planning Commission
held a public hearing on proposed Cade Amendment 2011-006
and adopted Resolution No. 4181 recommending that the Tustin
City Gouncil approve Code Amendment 2011-006, subject to
confirmation by the Planning Gommission as part of the
Consent Calendar on October 11, 2011.
N. That on November1, 2011, a public hearing was duly noticed,
called, and held before the City Council concerning Cade
Amendment 2011-006.
O. That the proposed amendments are consistent with the City of
Tustin General Plan and comply with Goal 4 of the Public Safety
Element to reduce the risk to the community's inhabitants from
exposure to hazardous materials and wastes.
Section 11. Part 4 of Chapter 1 of Article 4 is hereby amended to read as
follows:
PART 4 BODY ART FACILITIES
Ordinance No. 1407
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4140.010 DEFINITIONS
4140.020 EXPOSURE CONTROL TRAINING
4140.030 INFECTION PREVENTION AND CONTROL PLAN
4140.040 BODY ART FACILITIES
4140.050 PREEMPTION
4140.060 CLEANING, STERILIZATION, AND
HOUSEKEEPING
4140.070 EQUIPMENT PURCHASED PRE-STERILIZED
4140.080 CLIENTS
4140.090 PRACTITIONER
4140.100 SKIN PREPARATION
4140.110 TATTOO AND PERMANENT COSMETIC
APPLICATI ON
4140.120 BODY PIERCING
4140.130 SHARPS DISPOSAL
4140.140 TEMPORARY BODY ART FACILITIES
4140.150 MOBILE BODY ART FACILITIES
4140.160 ENFORCEMENT AUTHORITY
4140.170 REGISTRATION
4140.180 PERMIT AND FEE REQUIREMENTS
4140.190 PENALTIES
4140.200 PERMIT SUSPENSION OR REVOCATION
4140.210 HOURS OF OPERATION
4140.220 MANAGEMENT OF OPERATIONS
4140.230 NUISANCE
4140.010 DEFINITIONS
As used in this Chapter, unless the context otherwise requires, the following
terms shall have the meanings ascribed to them respectively:
(a) "Antiseptic" means a liquid or semi-liquid substance that is approved by the
U.S. Food and Drug Administration, as indicated on the label, to reduce the
number of microorganisms present on the skin and on mucosal surfaces.
(b) "Bloodborne pathogen{s)" means disease causing microorganisms that, when
present in the blood, can be transmitted to humans. These microorganisms
include, but are not limited to, Hepatitis B Virus (HBV), Hepatitis C Virus (HCV)
and Human Immunodeficiency Virus (HIV).
(c) "Body art" means the practice of physical body adornment including, but not
limited to, the following techniques: body piercing, tattooing or application of
permanent cosmetics.
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(d} "Body art facility" means the area within a building or other location in which a
practitioner performs body piercing, tattooing or application of permanent
cosmetics, including the preparation and procedure area, as defined in this
Chapter.
(e} "Body piercing" means the creation of an opening in the human body for the
purpose of inserting jewelry ar decorative objects. This includes, but is not
limited to, piercing of an ear, lip, tongue, nose, belly button, cheek, forehead ar
eyebrow. Body piercing does not, for the purpose of this Chapter, include
piercing the leading edge or earlobe of the ear with a sterile, disposable,
single-use stud or solid needle that is applied using a mechanical device to
force the needle or stud through the ear.
(f) "Client" means any individual who receives a body piercing, tattoo or
application of permanent cosmetics from a practitioner as defined in this
Chapter.
(g) "Disinfectant" means a product that is approved by the U.S. Environmental
Protection Agency, as indicated an the label, to reduce ar eliminate the
presence of disease causing microorganisms.
(h} "Health Officer" means the Orange County Health Officer or designee.
(i) "Instrument" means any tattooing, body piercing or permanent cosmetics
equipment or device that Games into contact with intact skin, non-intact skin, or
mucosal surfaces. Such equipment includes, but is not limited ta, needles,
needle bars, needle tubes, forceps, hemostats, tweezers, razors, razor blades,
or other tools and devices used to insert pigment or pierce the skin or mucosal
surfaces of the human body. Such equipment also includes studs, hoops,
rings ar other decorative jewelry, materials or apparatuses inserted into any
part of the body far the intended purpose of placement in a hole resulting from
the piercing.
{j) "Permanent cosmetics" means the application of pigments inserted into or
under the surface of human skin for the purpose of permanently changing the
color or appearance of the skin. This includes, but is not limited to, permanent
eyeliner, eye shadow, or lip color.
(k) "Permanent cosmetics facility" means the area within a building in which a
practitioner performs the application of permanent cosmetics, including the
preparation and procedure area, as defined in this Chapter.
(1} "Practitioner" means an individual who performs tattooing, body piercing, or
who applies permanent cosmetics as defined in this Chapter.
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(m)"Preparation Area" means a room or a designated portion of a room that is
used to clean and sterilize reusable instruments that are used for tattooing,
body piercing, or permanent cosmetics.
(n) "Procedure area" means a room or a designated portion of a room where
tattooing, body piercing or the application of permanent cosmetics is
performed.
(o) "Proprietor" means the person having general control and management over
the conduct of business at a body art facility, or the person operating such
establishment, whether or not such person is the legal owner of the premises
or the business.
(p) "Purchased pre-sterilized equipment" means any individually packaged,
single-use instruments, devices and/or needles that are .obtained after
processing to render them free of all microbial life forms. Each package shall
have the manufacturer's processing identification number and date of
expiration.
(q) "Sharps waste" means any instrument or object, including but not limited to
needles or razor blades, that has been used to penetrate the skin or mucosa
to perform tattooing, body piercing or the application of permanent cosmetics,
or otherwise contaminated by coming into contact with blood or surfaces that
have not been disinfected or sterilized.
(r) "Sterilization" means the complete destruction of all microbial life forms
including spores..
(s} "Tattooing" means to pierce or puncture the human skin with a needle or other
instrument for the purpose of the application of pigments or the inserting of
pigment under the surface of the skin; the application of pigments or inks
inserted into or under the skin for the purpose of producing a mark or by
production of scars.
4140.020 EXPOSURE CONTROL TRAINING
(a) Prior to registration as a body art practitioner with the Orange County Health
Care Agency, all body art practitioners shall complete and submit proof of
completion to the Health Officer , of an Exposure Control Training Program
that meets or exceeds the requirements of this Chapter.
(b) The person conducting the training shall be knowledgeable in the subject
matter covered by the elements defined in section 4140.020(4).
(c} The organization providing the Exposure Control Training shall provide
appropriate written training materials to each trainee.
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(d) The content of the Exposure Control Training Program shall include:
(1 } California Occupational Safety and Health Administration Bloodborne
Pathogens Standard and other applicable standards and regulations with
pertinent explanations.
(2} The causes, control, and symptoms of the diseases caused by
Bloodborne pathogens.
(3} The modes. of transmission of Bloodborne pathogens.
(4) A discussion of risks involved in the application of body art and how they
may lead to exposure to Bloodborne pathogens for the client ar body art
practitioner.
(5) The use of personal protective equipment such as disposable gloves and
an explanation of the limitations of the equipment.
(6} The importance of hand washing and a demonstration of the hand
washing process as described in Section 414q.090.
(7} The types, proper technique and order of tasks before and after putting
on and removing gloves to avoid cross-contamination.
(8} Activities that compromise a disinfected work area, an aseptic procedure
site, inks and pigments, sterile instruments and clean skin area.
(9) Choosing, using and storing disinfectants and antiseptics.
(10) Signs required for contaminated materials and the importance of labeling
chemicals and supplies.
(11) Information on Hepatitis B vaccine, including its efficacy, safety and
method of administration.
(12) What constitutes a Bloodborne pathogen exposure incident, including:
a. How the exposure occurred and what actions are to be taken to prevent
ar minimize future exposures.
b. Risk of infection following a Bloodborne pathogen exposure incident.
c. Procedures to be followed after an exposure incident, including medical
follow-up.
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d. Opportunity for interactive questions and answers with the instructor.
4140.030 INFECTION PREVENTION AND CONTROL PLAN
(a) Each proprietor shall establish, maintain and follow, at each body art facility, a
written Infection Prevention and Control Plan.
(b) The Infection Prevention and Control Plan shall include, at a minimum, the
following:
(1) Procedures for cleaning and disinfection of surfaces in the preparation and
procedure areas.
(2) Procedures for maintaining the sterility or integrity of instruments,
equipment and other material used during tattooing, body piercing, or
permanent cosmetics.
(3) Procedures for cleaning, packaging, sterilizing, and storing reusable
instruments, and equipment.
(4) Procedures for safe handling and disposal of sharps waste.
(5) Inventory (names, manufacturers, container size) of all chemicals and
disinfectants and their intended use.
(c) The Infection Prevention and Control Plan shall be revised by the proprietor
whenever changes in practices or procedures are made, within thirty (30) days
of a change in practices or procedures.
(d) The proprietor shall be responsible for ensuring that the Infection Prevention
and Control Plan is followed.
4140.040 BODY ART FACILITIES
{a) The health permit shall be posted in a conspicuous place in the lobby of the
body art facility.
(b) Body art facilities shall not be used as a food establishment, for human
habitation or any other use which may cause contamination of instruments or
equipment used for body art activities.
{c) The floors, furnishings and equipment of body art facilities shall be kept clean
and sanitary at all times during business hours.
(d) Adequate lighting and ventilation shall be provided in the preparation and
procedure areas.
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(e) Adequate toilet facilities, as required by the Tustin City Cade, shall be
available. Toilet rooms and bathrooms shall not be used for the storage of
instruments, or other supplies used for body art activities, and shall be kept
clean and sanitary at all times.
(f) Rooms used for tattooing, body piercing or permanent cosmetic procedures
shall be separated by a wall or partition from those areas used for nail, hair
and other activities.
(g} All sinks shall be supplied with hot (110°F minimum} and cold running water.
{h} A sink that is readily accessible to the body art practitioner shall be provided
and equipped with liquid soap and single use paper towels dispensed from
wall-mounted dispensers that protect the supply from contamination.
(i) Pets or other animals shall not be allowed in the body art facility, except for
trained guide or assistance animals for the disabled. No trained guide or
assistance animal shall be allowed in the procedure or preparation area.
{j) No person shall utilize or maintain in a body art facility equipment that does
not comply with the requirements of this Chapter.
(k) The proprietor shall maintain the body art facility and the general premises
under the control of the proprietor in a clean and sanitary manner.
(I) All solid surfaces and objects in the procedure area, preparation area, and the
decontaimination and sterilization area that have come into contact with the
client of the materials used in performing the body art, including, but not
limited to, chairs, armrests, tables, countertops, and trays, shall be
immediately cleaned and disinfected after each use with an appropriate bleach
solution or other disinfectant. Manufacturer's instructions for concentration,
contact time, and disposal requirements for all disinfectants must be observed.
{m)The practitioner shall wear disposable gloves on both hands when touching,
cleaning or handling a surface or object soiled or potentially soiled with blood.
Disposable gloves worn by the body art practitioner shall be promptly
removed, and hands immediately washed whenever the practitioner leaves a
procedure or preparation area.
(n) Each procedure and preparation area shall have waste receptacles, which are
lined with plastic bags manufactured far use in waste containers that fold over
the top margin of the waste container.
4140.050 PREEMPTION
Ordinance No. 1407
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The provisions of this Chapter are intended to supplement applicable state law
and to be in addition to, and not in conflict with such laws. Each provision shall
remain in effect until the enactment of state laws or the promulgation of state
regulations that conflict with or otherwise preempt the authority of the County of
Orange or the City of Tustin to control the conduct described in this Chapter.
4140.060 CLEANING, STERILIZATION, AND HOUSEKEEPING
(a) Instruments that pierce the skin or touch non-intact skin that will be reused
shall be cleaned, packaged in appropriately labeled sterilizer pouches and
sterilized prior to reuse.
(b) Used instruments that will be sterilized and reused shall be transported dry
and then placed in a container of water, disinfectant or enzymatic soaking
product until cleaned and sterilized. Used instruments must be kept physically
separated from sterilized or unused disposable instruments. Disposable
instruments must be disposed of directly into a sharps container or into the
appropriate trash receptacle after use and shall be disposed of as required
herein.
(c) Ultrasonic cleaners shall be available, maintained and operated according to
manufacturer's instructions.
(d) Clean instruments to be sterilized shall be first placed in sterilizer pouches that
contain either a sterilizer indicator or internal temperature indicator. Each pack
shall contain instruments for not more than one client. The outside of the pack
shall be labeled with the name of the instrument, date sterilized and initials of
the person operating the equipment.
(e) Instruments must be repackaged and re-sterilized if the pouch is torn or
otherwise compromised, if the indicator shows that adequate temperature was
not reached or if the item is not used within 6 months of the date of
sterilization.
(f) Sterilized instruments must be maintained and stored in sterilized pouches
until use.
(g) Sterilizers shall be operated according to manufacturer's instructions. If
manufacturer's instructions cannot be obtained, steam sterilization shall be
accomplished in an autoclave with at least 15 pounds of pressure per square
inch at a temperature of 250 degrees Fahrenheit for at least 30 minutes or as
instructed by the local Health Officer should the standards for sterilization
change from time to time.
(h) Liquid sterilants shall no# be used to sterilize instruments.
Ordinance No. 1407
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(i) Sterilized instruments shall be placed in clean, dry, labeled containers or
stored in a labeled cabinet that is protected from dust and water
contamination.
(j} Sterilization equipment shall meet the following requirements:
(1) Only sterilizers intended for medical instruments shall be used.
Sterilization equipment shall be cleaned, and maintained according to
manufacturer's instructions.
(2) Sterilization equipment shall be tested after the initial installation, after
any major repair, and at the frequency recommended by the
manufacturer. If no manufacturer's recommendation can be found, then
the unit shall be tested at least weekly utilizing a biological monitoring
system appropriate for the sterilizer type.
(3} Biological indicator test results shall be maintained on site and available
for review for a period of two years subsequent to the date of the results.
{I} A written log of each sterilization cycle shall be maintained on-site and
available for review for a period of two years, and shall include the following
information:
{1) Date of load.
(2) The contents of the load.
{3) The exposure time and temperature.
{4} The results of the chemical indicator.
4140.070 EQUIPMENT PURCHASED PRE-STERILIZED
(a) A practitioner using only purchased, disposable, single use and pre-sterilized
instruments shall not be required to have sterilization equipment.
{b} Invoices for the purchase of all pre-sterilized instruments must be maintained
onsite and available for review for a period of two years after purchase.
Required invoices include but are not limited to combo couplers, needle
chambers, barrels, casings, tips and needles.
4140.080 CLIENTS
{a) No body art procedure shall be performed on skin surface areas containing
any rash, pimples, boils, or infection or otherwise manifesting any evidence of
Ordinance No. 1407
Page 11 of 21
unhealthy conditions including but not limited to any evidence of inflammation,
such as redness, swelling, infection, or open or draining lesions.
(b) Prior to receiving a tattoo, body piercing or permanent cosmetics, the client
shall read, sign and receive a copy of an informed consent form and post-
procedure instructions appropriate to the procedure.
(c) A copy of the signed informed consent form and post procedure instructions
for all body art procedures must be maintained onsite and available for review
for a period of two years after the procedure is performed.
(d) The consent form and post-procedure instructions shall include at a minimum,
the following:
(1) Record of information from the client's picture identification showing the
name, date of birth, gender, address of client, and driver's license or
identification card number.
(2) A summary, including the date, location and description of the procedure.
(3} What to expect following the procedure, including any medical
complications that may occur as a result of the procedure.
(4) A statement regarding the permanent nature of body piercing, tattooing or
permanent cosmetics.
(5) A questionnaire regarding a client history of herpes, diabetes, allergic
reactions to latex or antibiotics, hemophilia or any other bleeding disorder
or the use of anticoagulants, which may prevent the healing of the site
where the tattoo or permanent cosmetics were applied, and of cardiac
valve disease or of being prescribed antibiotics prior to dental or surgical
procedures.
(6) Post-procedure instructions on the care of the site of the tattoo, body
piercing, or permanent cosmetics.
(7) Past-procedure restrictions on activities such as bathing, swimming,
gardening or contact with animals.
(8) Information regarding signs and symptoms of infection and to immediately
consult a physician if any of the listed signs and symptoms of infection
occur.
4140.090 PRACTITIONER
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(a} No body art operation shall be performed unless the practitioner is free of
pustular skin lesions and any communicable diseases that could be
transmitted in the normal practice of body art.
(b) No practitioner shall eat, drink or smoke while performing a body art
procedure.
(c) No practitioner shall perform a body art procedure with unclean hands. For
purposes of this section, hands shall nat be considered clean unless they have
been thoroughly washed with soap from a single service dispenser and warm
water vigorously rubbing all surfaces of lathered hands for at least ten {10}
seconds, followed by thorough rinsing under a stream of water. Hands shall be
dried using single service towels from a sanitary dispenser or hat air blower.
Practitioners shall wear new, disposable exam gloves for every client during
the procedure. Gloves shall be discarded between each client, and hands
shall be washed each time gloves are changed. If a glove is pierced, torn, or
contaminated by coming into contact with any other person, or contaminated
surface, both gloves shall be removed and discarded. A single pair of gloves
shall not be used on more than one person.
4140.100 SKIN PREPARATION
No body art operation shall be performed unless the skin is adequately
prepared prior to the operation. For purposes of this section, skin shall be considered
properly prepared if it is thoroughly cleaned with an antiseptic according to
manufacturer's instructions. If necessary, the skin shall be shaved with a new, single
use disposable razor.
4140.110 TATTOO AND PERMANENT COSMETICS APPLICATION
{a} All inks, pigments, petroleum jellies, soaps, and other reusable products used
in a procedure shall be dispensed from containers in a manner to prevent
contamination of the original container and its contents.
(b} Pigments shall be placed into clean single use cups or caps that shall be
disposed of immediately in an appropriate waste receptacle upon completion
of the procedure.
{c} Only single-use rinse cups shall be used with procedures, and they shall be
disposed of immediately upon completion of the procedure.
(d) All inks, dyes or pigments used shall be commercially manufactured for the
procedure and shall be used according to manufacturer's instructions.
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(e) All products applied to the skin including stencils shall be single use and
disposed into a waste receptacle after the procedure.
(f) Needles and needle bars shall be sterilized prior to tattooing or application of
permanent cosmetics or shall be purchased pre-sterilized. Needles shall be
used only once and then disposed of in a sharps container.
(g) If a rotary pen, or traditional coil machine that reuses components is used,.
then the use of sterilization equipment shall be required for sterilization of the
reusable parts that make contact with the client or blood.
(h) All rotary pens and other devices .used. to apply pigments must be designed
and used to prevent backflow of pigments into the machine.
4140.120 BODY PIERCING
(a) All jewelry or other objects to be placed in newly pierced skin shall be
sterilized, or purchased pre-sterilized, be in good condition, and be designed
and manufactured for insertion into the intended body part.
(b) Only jewelry or other objects made of ASTM F138, ISO 5832-1, and AISI 316E
or AISI 316LVM implant grade stainless steel, solid 14K through 18K gold,
niobium, ASTM F 136 6A4V titanium, platinum or other materials determined
to be equally bio-compatible shall be placed in newly pierced skin.
4140.130 SHARPS DISPOSAL
(a) Each procedure area shall have a container for the disposal of sharps
(needles, razor blades, etc.) waste that is rigid, puncture resistant, leak proof
and that is closeable and sealable so that when sealed, the container cannot
be reopened without great difficulty. The container must be labeled with the
words "sharps waste" or with the international biohazard symbol and the word
"BIOHAZARD."
(b) All sharps waste produced during the process of tattooing, body piercing and
permanent cosmetics shall be disposed of by one of the following methods:
(1) Steam sterilized on-site and disposed of as solid waste. If this method is
utilized, a chemical indicator strip or tape that indicates that the container
has been treated must be affixed prior to sterilization, and shall stay
affixed to the container when it is disposed.
(2) Treated on-site by a method approved by the Health Officer, and
disposed of as solid waste.
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(3) Removal and disposal through use of a Registered Medical Waste Hauler
in accordance with the provisions of the California Medical Waste
Management Act. Tracking documents must be maintained on-site and
be available for review for a period of two years from the date of removal
from the body art facility.
4140.140 TEMPORARY BODY ART FACILITIES
Temporary body art facilities shall be prohibited in the City of Tustin.
4140.150 MOBILE BODY ART FACILITIES
Mobile body art facilities shall be prohibited in the City of Tustin.
4140.160 ENFORCEMENT AUTHORITY
The Health Officer or his or her designee is charged with the enforcement of
this Chapter, except for Sections 4140.210, 4140.220 and 4140.230. The City of
Tustin Police Department and the City of Tustin Code Enforcement Officer are also
authorized to enforce this ordinance. The Health Officer may, during the
establishment's hours of operation and other reasonable times, enter, inspect, search
and secure samples, photographs, or other evidence from any body art facility, or any
location suspected of being a body art facility, for the purpose of enforcing this
Chapter. It is a violation of this Chapter for any person to refuse to permit entry or
inspection, the taking of samples or other evidence, or access to the facility in order
to copy any record as authorized by this Chapter, or to conceal any samples or
evidence, or withhold evidence concerning them. A written report of the inspection
shall be made and a copy shall be supplied or mailed to the proprietor or practitioner
of the body art facility.
4140.170 REGISTRATION
(a} Every practitioner as defined in this Chapter shall register with the Health
OfFicer and shall have on display so as to be readily visible to the public proof
that shows that the practitioner has registered, as specified in Health and
Safety Code Section 119303.
(b) Registration of all practitioners is required every three years.
4140.1$0 PERMIT AND FEE REQUIREMENTS
A body art facility shall not be open for business without: {1} at least one valid
body art permit issued by the Director of Community Development to a practitioner
practicing body art at that location during operating hours, (2) a valid City business
license, and (3) a valid County health permit. The Health Officer shall issue a health
permit when inspection has determined that the proposed body art facility and its
Ordinance No. 1407
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method of operation will conform to the requirements of this Chapter. A health permit,
once issued, is nontransferable. Ahealth permit shall be valid only for the proprietor
and location approved. The Orange County Board of Supervisors shall adopt fees for
the health permit, practitioner registration, and related services. Fees shall be
sufficient to cover the actual expenses of administering and enforcing this program.
4140.190 PENALTIES
Violation of any section of this Chapter by the proprietor or practitioner shall
constitute a misdemeanor and upon conviction thereof shall be punishable by a fine
not to exceed one thousand dollars ($1,000.00) per day per violation or by
imprisonment in the county jail for a term not exceeding six (6} months, or both such
fine and imprisonment. Each day the violation continues and is not corrected shall be
a treated as a separate and distinct violation.
4140.200 PERMIT SUSPENSION OR REVOCATION
(a) Whenever the Health Officer finds that a body art facility is not in compliance
with the requirements of this Chapter, a written inspection notice shall be
issued to the proprietor. If the proprietor fails to comply within the noted
timeframe, the Health Officer shall issue to the proprietor, a notice of violation
setting forth the acts or omissions with which the proprietor is charged. Failure
to comply with the Notice of Violation within the noted timeframe may result in
health permit suspension.
(b) If any immediate danger to the public health or safety is found, unless the
danger is immediately corrected, the Health Officer may temporarily suspend
the permit and order the body art facility immediately closed. Immediate
danger means any condition, based upon inspection findings or other
evidence that may cause disease transmission, including, but not limited to:
(1) Unclean or unsanitary floors, furnishings, toilet facilities, and equipment of
the body art facility;
(2) Inadequate sterilization of equipment;
(3} Lack of appropriate disposal receptacles and methods;
(4} Sewage contamination;
(5} Lack of potable water supply;
(6) Or any other condition, which in the opinion of the Health Officer, causes
immediate danger to public health and safety and requires temporary
suspension as noted above.
Ordinance No. 1407
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(c) Whenever a health permit is suspended as the result of an immediate danger
to the public health or safety, the Health Officer shall issue to the proprietor a
notice setting forth the acts or omissions with which the proprietor is charged.
(d} Any body art facility for which the health permit has been suspended shall
close and remain closed until the health permit has been reinstated.
(e) Where grounds for denial, suspension, non-renewal or revocation of a health
permit exist, the Orange County Sheriff, Health Officer or Code Enforcement
Officer shall serve the applicant or permit holder with a notice which shall state
the reasons for the proposed action, the effective date of the action, and of the
right to appeal the action.
(f) Appeal shall be made by filing a written notice of appeal setting out the action
appealed from, the grounds of the appeal and the facts upon which the appeal
is based. The notice of appeal shall be filed with the Clerk of the Board of
Supervisors not more than thirty (30) days after service of the notice of
proposed action. A copy of the notice appealed shall be attached to the notice
of appeal. Notice of the date, time, and place of the hearing on the appeal
shall be mailed at least ten (10} days prior to the date of the hearing by
certified mail, return receipt requested, with proof of service attached,
addressed to the address on the permit.
(g) Hearing on the appeal shall be conducted by a Hearing Officer who shall
preside over the hearing, take evidence on the appeal and determine whether,
on the basis of a preponderance of the evidence, the appealed action shall be
upheld. The Hearing Officer shall render a written decision nat less than forty-
five (45) days after the date of the appeal hearing. The decision of the Hearing
Officer shall be final.
4140.210 HOURS OF OPERATION
(a} No body art facility shall operate except between the hours of 8 a.m. and 10
p.m. Sunday through Thursday and between 8 a.m. and 12 a.m. on Friday and
Saturday.
(b) The hours of operation shall be posted in a conspicuous place in the lobby of
the establishment and in a window or other location visible from the outside.
4140.220 MANAGEMENT OF OPERATIONS
{a) Each body art facility shall have a manager on the premises during all hours of
operation who shall be responsible for the operations and maintenance of the
Ordinance No. 1407
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facility, for compliance with all licensing requirements and to observe and
supervise the actions of all persons on the premises.
(b) Each body art facility shall provide a lobby or other seating area where
customers and other invitees of the business may be seated while waiting or
otherwise not having body art applied.
(c) No body art facility shall knowingly permit loud, boisterous, lewd, violent ar
threatening behavior by clients or staff while in the facility or in any parking lot
or other adjacent area under the control of the body art facility.
4140.230 NUISANCE
(a) No body art facility shall be operated in a manner which constitutes a
nuisance.
(b) Operation of a body art facility in violation of this Chapter or applicable penal
or health statute of the State of California shall constitute a public nuisance.
(c) A body art facility may be found to be a nuisance on the basis of multiple
violations of this Chapter, or any penal or health statute of the State of
California or of multiple complaints which have not been resolved against the
proprietor.
(d) Nuisance determinations and abatement shall be made and performed in the
manner set forth in Sections 3-14-2 and following of the Codified Ordinances
of the County of Orange.
Section III. Section 3141 of Part 4 of Chapter 1 of Article 3 is hereby amended to
add the following definitions:
Body art. The practice of physical body adornment including, but not limited to,
the following techniques: body piercing, tattooing or application of permanent
cosmetics.
Body art facility. The area within a building or other location in which a
practitioner performs body piercing, tattooing or application of permanent cosmetics,
as defined in this Chapter, including the preparation and procedure area.
Body piercing. The creation of an opening in the human body for the
purpose of inserting jewelry or decorative objects. This includes, but is not limited to,
piercing of an ear, lip, tongue, nose, belly button, cheek, forehead or eyebrow. Body
piercing does not, for the purpose of this Chapter, include piercing the leading edge
or earlobe of the ear with a sterile, disposable, single-use stud or solid needle that is
applied using a mechanical device to force the needle or stud through the ear.
Ordinance No. 1407
Page 18 of 21
Tattooing. To pierce ar puncture the human skin with a needle or other
instrument for the purpose of the application of pigments or the inserting of pigment
under the surface of the skin; the application of pigments or inks inserted into or
under the skin for the purpose of producing a mark or by production of scars.
Section IV. Part 5 of Chapter 6 of Article 3 is hereby amended to read as follows:
Part 5 BODY ART
3651 PERMIT REQUIRED
No person shall engage in the business of applying body art without obtaining
a body art permit issued by the Director of Finance. No person shall engage in the
business of applying body art except at adult'-licensed body art facility specified in
the County health permit registration form and in the City body art permit as required
herein.
This Part does not restrict the activities of any physician or surgeon licensed
under Chapter 5 (commencing with Section 2000) of Division 2 of the Health and
Safety Code.
3652 PREREQUISITES TO OBTAINING PERMIT
No person shall be eligible to receive a body art permit until such person has
obtained a valid County health permit far a body art facility or until such person is
employed by a body art facility with a valid County health permit.
Any person who wishes to obtain a body art permit to engage in the business
of applying body art shall provide proof of: (1) registration with the Health Officer, (2)
payment of an annual County inspection fee, and (3) address(es) where the business
is to be conducted pursuant to Heal#h and Safety Code Section 119303.
3653 APPLICATION REQUIREMENT
In addition to providing the information required on the City's application form,
the applicant shall provide evidence that a complete set of fingerprints of the
applicant was taken through the Livescan service.
3654 OPERATIONAL REGULATIONS
Every body art facility shall be open for inspection by any officer of the City of
Tustin at all times during which body art services are being provided.
A permittee shall not:
Ordinance No. 1407
Page 19 of 21
(1) Do business at any location not specified in the County's registration
form or City permit; or
(2) Violate the sterilization, sanitation, and safety standards adopted by the
State Department of Health Services.
Section V. Section 9232a.2. of Part 3 of Chapter 2 of Article 9 is hereby amended
to sequentially reletter item numbers (d) through (s) and include body
art facilities as item (d) as follows:
(d) Body art facilities (as defined in section 3141, and subject to the
requirements of Part 4 of Chapter 1 of Article 4)
Section VI.
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason determined 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
Tustin hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 15t~' day of November, 2011.
ATTEST:
PAMEtA STOKER,
City Clerk
Ordinance No. 1407
Page 20 of 21
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE )
CITY OF TUSTIN }
SS
CERTIFICATION FOR ORDINANCE NO. 1407
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1407
was duly and regularly introduced at a regular meeting of the Tustin City Council,
held on the 1St day of November, 2011 and was given its second reading, passed,
and adopted at a regular meeting of the City Council held on the 15th day of
November, 2011 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
P LA - ,
City Clerk
Amante, Nielsen, Gavello, Gomez, Murray (5)
None (0)
None (0)
None (0)
Ordinance No. 1407
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