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5352A ORDINANCE NO. 5352 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 4.70, CONSISTING OF SECTIONS 4.70.010 THROUGH 4.70.200, INCLUSIVE, RELATING TO TATTOOING ESTABLISHMENTS AND OPERATIONS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Title 4 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new Chapter 4.70, which Chapter shall consist of Sections 4.70.010 through 4.70.200, inclusive, and which shall read as follows: "Chapter 4.70 "TATTOOING ESTABLISHMENTS AND OPERATIONS •'4.70.010 DEFINITIONS. As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively: Health Officer - that person or office designated by the City Council of the City of Anaheim, or by contract approved by the City Council, as the person or office having responsibility for the enforcement of the provisions of this Chapter. Operator - any person, whether the proprietor or another person, who performs any portion of a tattoo operation upon any customer of a tattooing establishment, regardless of whether any payment is required of or made by the customer. Proprietor - the person having general control and management 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. The act or process of administering a tatoo is sometimes referred to in this Chapter as "performing a tatoo operation." Tattooing establishment - any business or premises used for the business, of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities, supplies and materials maintained therein incidental to such use. I 4.70.020 MAINTENANCE OF PREMISES. .010 All tattooing establishments shall be equipped with running hot and cold water, with adequate toilet facilities and with all such appliances, furnishing, supplies and materials as may be necessary to enable persons employed in and about such establishments to comply with the requirements of this Chapter. .020 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 at least once within the preceding twenty-four (24) hour period. .030 All operating tables in tattooing establishments shall be constructed of metal with white enamel or porcelain finish, or stainless steel. .040 Each tattooing establishment shall have adequate lighting 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. .050 No tattooing establishment shall be used as a sleeping room or dormitory. 4.70.030 SOURCE OF DYES AND INKS. .010 Proprietors of tattooing establishments shall, on request of 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. .020 No dyes or inks from any sources which have been disapproved by the Health Officer shall be made or kept available for use in tattooing operations. 4.70.040 MAINTENANCE OF PIGMENTS, DYES AND EQUIPMENT. .010 No pigments, dyes, or equipment shall be made or kept 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. .020 All 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. 0q A .030 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 shall then be discarded. All packs shall be marked with temperature recording tape or labels. .040 Dyes or inks shall be used from a container 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 autoclave 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 with withstand autoclaving. .050 Steam sterilization of the above -listed equipment shall be accomplished in an autoclave with at least 15 pounds pressure per square inch (251°F) for at least 15 minutes. Other means of sterilization may be approved by the Health Officer. .060 All sterilized dyes, pigments and equipment shall be stored in a manner which will insure sterility at the time of use. .070 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. 4.70.050 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: .010 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 from the etched grooves of the stencil. .020 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. .030 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. 3 I 4.70.060 TATTOOING OPERATIONS - SKIN CONDITION OF CUSTOMERS. No tatooing operation shall be performed on skin surface areas containing rash, pimples, boils, or infections or otherwise manifesting any evidence of unhealthy conditions. 4.70.070 TATTOOING OPERATIONS - POTENTIAL HEALTH RISKS. The establishment owner shall provide to all tattoo operators written information as required by the Health Officer about blood-borne diseases and their transmission and shall maintain records to verify operator receipt of this information. The tattoo operator shall inform the customer of any potential health risks involved whenever the skin is violated as required by the Health Officer. 4.70.080 TATTOOING OPERATIONS/HEALTH CONDITIONS OF OPERATOR. No tattooing operations shall be performed unless the operator is free of communicable diseases and pustular skin lesions. 4.70.090 TATTOOING OPERATIONS - SMOKING. No operator shall smoke while performing a tattooing operation. 4.70.100 TATTOOING OPERATIONS - APPAREL OF OPERATOR. The operator must wear a clean, light-colored, short - sleeved smock while performing a tattooing operation. 4.70.110 TATTOOING OPERATIONS - CLEANLINESS OF OPERATOR. No operator shall perform a tattooing operation except with clean hands. For purpose of this paragraph hands shall not 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 10 seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single -service towels from a dispenser or a 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 after being used on any one customer. 4.70.120 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 previously unused and unless the blade holder has been autoclaved since its previous use. 4 I 4.70.130 TATTOOING OPERATIONS - 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 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 preparation shall be considered adequate unless approved in writing by the Health Officer. 4.70.140 TATTOOING OPERATIONS - USE OF STENCILS. No tattooing operation involving the use of stencils shall be performed unless all of the following requirements have been complied with: .010 Each stencil must be precleaned pursuant to Section 4.70.050. .020 Each stencil, having been precleaned, must be wiped with sterile gauze soaked in seventy percent (70%) alcohol and air dried immediately prior to its use in the tattooing operation. .030 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. 4.70.150 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 4.70.030.020. 4.70.160 TATTOOING OPERATIONS - USE OF STERILE DYES. No tattooing operation shall be performed unless the following requirements have been complied with: .010 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 paper cups which have not previously been used in any tattooing operation. No refilling of the dye cup is permitted. .020 No dye or ink shall be used in which needles used on another person have been dipped. 4.70.170 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 4.70.040. 5 A 4.70.180 TATTOOING OPERATIONS - DISCARDING OF CERTAIN EQUIPMENT. Operators shall discard the following items immediately after use in any tattooing operation. .010 Blades used in shaving. .020 Tubes and gauze used in application of petroleum jelly used for stencils. .030 Cups used for dye or ink. 4.70.190 INSPECTIONS - HEALTH SERVICES FEE SCHEDULE. The Health Officer shall periodically make inspections of tattooing establishments located in the City of Anaheim to determine if the proprietors and operators of such establishments are complying with the provisions of the Chapter. The City Council shall, by Resolution, adopt health service fees to be paid by the proprietor or operator of the tattoo establishment. Such fees shall be paid directly to the Health Officer and retained by the public entity directly employing the Health Officer as reimbursement for costs incurred in implementing and enforcing this ordinance. 4.70.200 PENALTIES. Each of the following acts or omissions shall constitute a misdemeanor and upon conviction thereof shall be punishable as provided in Section 1.01.370 of this Code: .010 Any performance of a tattooing operation by an operator in violation of any requirement or prohibition imposed by this article. .020 Any failure by a proprietor to maintain a tattooing establishment in conformity with the requirements of this article. For purposes of this sub -section .020, each day upon which such a failure to conform occurs shall constitute a separate violation." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously 21 a adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd da of Feb nary , 19 93. MAYOR OF THE ITY ff ANAHEIM ATTEST: , CITY CLERK OF TH2 CITY OF ANA IM EME:lm ORDRES\042TATO.14 7 16 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5352 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of January, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of February, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Feldhaus, Hunter, Pickier, Simpson, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5352 on the 3rd day of February, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of February, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original of Ordinance No. 5352 and was published once in the Anaheim Bulletin on the 11th day of February, 1993. Ji CITY CLjn-WOF`THVCI F ANAHEIM • V t E7.. 4't`i G6.