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HomeMy WebLinkAboutNS-1240ORDINANCE NO. NS-1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE VIII, CONSISTING OF SECTIONS 18-400 THROUGH 18-420, TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE REGU- LATION OF TATTOOING ESTABLISHMENTS AND OPERATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an Article to be numbered VIII to Chapter 18 thereof, said Article to consist of sections numbered 18-400 through 18-420 inclusive and to read as follows: ARTICLE VIII. TATTOOING ESTABLISHMENTS AND OPERATIONS. Sec. 18-400. Short title. This article shall be known and may be cited as the "Tattooing Establishment and Operation Regulations." Sec. 18-401. Definitions. As used in this article, unless the context otherwise re- quires, 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 Santa Ana or by contract approved by the said council as the person or office having responsibility for the enforcement of the provisions of this article. 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 manage- ment 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. Tattooin~ establishment - premises used for the business of marking or coloring the skin with tattoos, and all furnish- ings, equipment, instruments, dyes and inks, and other facili- ties maintained therein incidental to such use. Sec. 18-402. Posting of regulations. The Health Officer shall prepare written regulations con- forming 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. Sec. 18-403. Maintenance of premises. (a) Ail 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 ~omply with the requirements of this article. (b) The floors, furnishings and equipment of tattooing establishments shall be kept clean at all times during busi- ness 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 hour period. (c) Ail 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 light- ing 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 sleep- ing room or dormitory. Sec. 18-404. Source of Dyes and Inks (a) Proprietors of tattooing establiskment~ shall, on request of the Health Officer, submit in writing.to the Eealth 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. Sec. 18-405. Maintenance of pigments, dyes, and equip- ment. 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. (a) Ail equipment shall be thoroughly cleaned~before being sterilized. Instruments shall be cleaned with soap~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) Ail equipment shall be steriliz~ ~y~ a~toclaving. 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 steri- lized 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 steri- lized in an autoclave after first being filled with the dye. ~Fee~hall 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 condi- tion. 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 a~toclave with at least 15 pounds pressure per square inch (251°F) for at least 15 minutes. (e) be stored of use. Ail sterilized dyes, pigments and equ±pment shall in a manner which will insure sterility at the time (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. Sec. 14-406. 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 accumu- lations of carbon and vaseline 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 per cent (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. Sec. 18-407. 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. Sec. 18-408. Same - 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 hepatitus within the previous month, nor in any case when the custome~ discloses that he has had such a history. Sec. 18-409. Same - health conditions of operator. No tattooing operation shall be performed unless the operator is free of communicable diseases and pustular skin lesions. 3 Sec. 18-410. Same smoking. No operator shall smoke while performing a tattooing operation. Sec. 18-411. Same - apparel of operator. The operator must wear a clean, light-colored, short- sleeved smock while performing the tattooing operation. Sec. 18-412. Same - cleanliness of operator. No operator shall perform a tattooing operation with un- clean hands. For purposes of this paragraph hands' shall not be considered clean unless they have been thoroughly washed with soap and water and dried with individual, single-use towels prior to starting the operation. Sec. 18-413. Same - shaving. No tattooing operation involving shaving shall be per- formed 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. Sec. 18-414. Same - skin preparation. No tattooing operation shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this paragraph, skin shall be considered properl~ prepared if it is thoroughly washed with soap following shaving and thereafter scrubbed gently three times with seventy per cent (70%) isopropyl alcohol, using a separate sterile ~uaze pad each such time; and no alternate method of skin preparation shall be considered adequate unless approved in wr±ting by the Health Officer. Sec. 18-415. Same - 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 18-406. (b) each stencil, having been precleaned, ~must be wiped with sterile qauze soaked in seventy per cent (70%) alcohol and air dryed immediately prior to its use in the tattooing operation. (c) petroleu~ jelly used for stencils must~be obtained from a collapsible tube which has not previously been used in any tattooing operation and m~st be applied to the skin with a sterile g~mze which has not previously been used. Sec. 18-416. Same - 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 18-404. - Sec. 18-417. Same - 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 obtained from sterile dye or ink bottles and, prior to the tattooing operation, transferred from s~ch 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. Sec. 18-418. Same - use of sterile equipment. No tattooing operation shall be performed using equip- ment that has not been cleaned and sterilized in the manner set forth in Section 18-405. Sec. 18-419. Same - 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 gBaze used in application of petroleum ielly used for stencils. (c) paper cups used for dye or ink. Sec. 18-420. 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 im- posed 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: If any sect~n~ 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 Santa Ana 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, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. 5 SECTION 4: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 9th day of December , 1974. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 18th day of November , 1974, and was again considered by said Council at its adjourned regular meeting held on the 9th day of December , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Griset, Yamamoto, Patterson NOES, COUNCILMEN: None Markel, Garthe ABSENT, COUNCILMEN: Evans, Ward CLERK OF THE COUNCIL /~${E~/ A. WITHERS, CITY ATTORNEY 6