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HomeMy WebLinkAbout2846ORDINANCE NO. 2846 AN ORDINANCE of the City of Port Angeles, Washington, related to permits and regulations for tattoo shops and amending Ordinance 2304 and amending and recodifying Chapter 8.40 as Chapter 5.70 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2304 and Chapter 8.40 of the Port Angeles Municipal Code are hereby recodified as Chapter 5.70 PAMC and amended to read as follows: 8.4405.70.010 Permit License Required. It is unlawful to operate a tattoo shop or establishment without first obtaining a permit license as required by this Chapter. 8.- 405.70.020 Requirement for Building or Operator. Every shop or establishment where TATTOOING is done shall be subject to the following regulations: A. It shall be well ventilated and of sufficient size to accommodate the required equipment and business done therein. B. It shall not be located in or operated as a part of any place where intoxicating liquor is stored, served or sold. C. It shall be provided with artificial light sources equivalent to at least ten foot candles at a distance of thirty inches from the floor throughout the room and at least twenty -five foot candles at the patron level in the portion of the shop or establishment where the tattooing operation is performed. D. Walls and ceilings shall be clean, tight, in good repair, and shall be of a non - porous material which is painted or otherwise finished at such intervals as will maintain the surface in a clean and sanitary manner. E. Floors shall be maintained in a clean and sanitary condition at all times. F. A sink with hot and cold running water, approved antiseptic soap and paper towels shall be located in the room where tattooing is done. G. Toilet, urinal and handwashing basin Bathroom facilities shall be conveniently located and accessible to patrons and operators. Fixtures shall be kept clean and in good repair. H. Sufficient cabinets with doors shall be provided for the storage of supplies and materials and the same shall be maintained in a clean and sanitary condition. I. Sufficient facilities shall be provided for the disposition of the floor shall be prohibited and signs postcd to that cffcct all waste materials. Blood contaminated materials and used needles will be disposed of in accordance with biohazard standards contained in Federal OSHA and State WISHA regulations. J. Needles shall be used on only one tattoo. Disposable needles are prefcrredrequired. If sterilized disposable needles cannot be obtained through the usual market, non - sterile disposable needles must be sterilized by an approved procedure before use. All instruments and other equipment used shall be maintained in a - 1 - clean and sanitary condition at all times. The tattooing unit shall be dismantled at the close of the day's operation or oftener if necessary, and the stencils and tubes thoroughly cleaned by the use of a brush, approved soap, hot water and o colution of 10,000 ppm Chlorine or the equivalent an approved disinfectant. K. All operating instruments shall be kept in an cffcc tivcapproved disinfectant solution. The solution shall be fresh at least daily. If instruments are sterilized in an autoclave, they may be stored dry, provided they are protected from contamination. L. All cabinets and tables shall be constructed of easily cleanable material and of a light - colored washable finish. M. All operators while tattooing shall wear clean light - colored washable covering garments. N. Each operator shall wash his hands with an effective approved antiseptic soap and hot water before beginning any tattoo- ing operationprocedure. An individual brush shall be used by each operator. The operator's fingernails shall be kept clean and short. 0. A listing of all approved soaps and disinfectant solutions as compiled by the County Health Department will be supplied with each license for the operation of a tattoo business. Only those approved soaps and solutions shall satisfy the requirements of this Chapter. All disinfectant soaps and solutions are to be used in strict compliance with the manufacturer's directions for use. 3. 495.70.030 Tattooing Procedure Regulations. The following additional regulations shall be complied with: A. Tattooing shall be done only on normal healthy skin surface. No tattooing shall be done on scar tissue. No tattoo operator shall remove any tattoo marks. B. Disposable safety razors for each patron shall be used for preparation of the areas to be tattooed whenever possible. C. Before shaving, the area to be tattooed shall be thoroughly cleansed with an effective anti .septic soap, alcohol or its cquivalcnttincture of green soap (U.S.P) or its approved equivalent. D. Only carbolated vaseline in individual packets or its approved equivalent shall be used on the area to be tattooed. E. All dyes used shall be manufactured by a reputable dye manufacturing company and used without adulteration of the manufac- turer's original formula. Whcn premixed dycs arc not used, dyes = - - - - - - - - . The containers used to hold dyes for and during each procedure must be discarded after each tattoo. F. Excess dye shall be removed from the skin with an individual sterile gauze, sterile cotton, or sterile napkin. The completed tattoo shall be washed with a piece of sterile gauze, sterile cotton or cotton saturated with a solution of effective approved antiseptic soap or its approved equivalent, and disin- fected with seventy percent (70 %) alcohol. The tattooed area shall be allowed to dry and carbolated vaseline or its approved equivalent and sterile gauze applied. G. Written instructions shall be given to each patron on the care of the skin as a precaution against infection after tattooing. 5-.- 495.70.040 Health - related Requirements. Health related requirements for patrons and employees: A. All health- related requirements of this chapter shall be subject to the review and approval of the Clallam County Health Department or other qualified health professionals as designated by the Chicf of PolicoCity Manager. B. The owners and operators of all tattoo shops shall Provide all protections for patrons and employees as set forth in applicable OSHA and WISHA bloodborne pathogen standards. 8.495.70.050 Recordkeeping. Permanent records for each patron shall be maintained by the operator of the tattoo shop. Before any tattooing operationprocedure starts, the patron shall be required personally to enter on a record form provided by such shop the date, his or her name, age and hit signature ccrial number if he i3 a service man or othcr. Such records shall at all times be maintained in the tattoo shop and shall be open at all reasonable times to examination by the Port Angeles Police Dcpartmcnt and the Clallam County Health Dcpartmcnt City of Port Angeles or other such qualified health professional as is designated by the Chief of floliee City Manager. The tattoo operator shall issue a receipt to each patron containing the name and address of the tattoo shop and the signature of the operator. The reporting or examination requirements of this ordinance shall be prominently displayed for the perusal of the patron, and the operator is required to obtain and maintain informed consent regarding possible adverse health consequences of the tattooing procedure. When the shop is closed by going out of business or by license revocation, all such records shall be turned over to the Police Department. 905.70.060 Unlawful Tattooing of Minors and Pcrson3 It shall be unlawful to tattoo any person under the age of eighteen years without written consent of his or her parent or guardian, and such legal consent shall be kept on file for at least two years in the tattoo shop whcrc the operation is performed permanently maintained with the patron's file. Where there is doubt about such age, the operator shall, before the operationprocedure is performed, obtain proof thereof. It shall further be unlawful to tattoo any person under the influ- ence of or affected by intoxicating liquor and /or any other drug. 5.70.070 - Penalty. It shall be a Class I misdemeanor for any person to violate the provisions of this Chapter. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 6th day of Dec. 1994. ATTEST: al Becky J. Upt •n C y Clerk PUBLISHED: December 11, 1994 (By Summary) M A YR APPRO D AS TO FORM: Craig D Knutson, City Attorney 94.29 - 3 - T 1E Summary of Ordinance Adopted by the Port Angeles City Council on December 6, 1994 Ordinance No. 2846 This Ordinance of the City of Port Angeles relates to permits and regulations for tattoo shops and amends Ordinance 2304 and amends and recodifies Chapter 8.40 as Chapter 5.70 of the Port Angeles Municipal Code. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance shall take effect five days after the date of publication of this summary. Publish: December 11, 1994 Becky J. Upton City Clerk