As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings ascribed to them respectively:
means that person or office designated by order of the City
Council or by contract approved by the said City Council as the person
or office having responsibility for the enforcement of the provisions
of this chapter.
means any person, whether the proprietor or another person,
administering a tattoo to any customer of a tattooing establishment.
means 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.
means an indelible mark or figure fixed upon a body by insertion
of pigment under the skin or by production of scars.
means premises used for the business of marking or coloring
the skin with tattoos, and all furnishings, equipment, instruments,
dyes, and inks, and other facilities maintained therein incidental
to such use.
(2286 § 2, 1994; 2803 § 1, 2011)
A.
All
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 comply with the requirements of
this chapter.
B.
The
floors, furnishings, and equipment of tattooing establishments shall
be kept clean at all times during business hours. For purposes of
this section, a floor shall not be considered clean if it has not
been swept and mopped within the preceding 24-hour period.
C.
All
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 lighting and ventilation.
For purposes of this section, 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 sleeping room or dormitory.
(2286 § 2, 1994; 2803 § 1, 2011)
A.
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.
B.
No dyes
or inks from any sources that have been disapproved by the Health
Officer shall be retained available for use in tattooing operations.
(2286 § 2, 1994; 2803 § 1, 2011)
A.
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.
B.
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.
C.
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 then be discarded.
All packs shall be marked with temperature recording tape or labels.
D.
Dyes
or inks shall be used from containers 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 autoclaved 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 will withstand autoclaving.
E.
Steam
sterilization of the above listed equipment shall be accomplished
in an autoclave with at least 15 pounds per square inch (251F) for
at least 15 minutes. Other means of sterilization may be approved
by the Health Officer.
F.
All
sterilized dyes, pigments, and equipment shall be stored in a manner
that will ensure sterility at the time of use.
G.
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.
(2286 § 2, 1994; 2803 § 1, 2011)
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 accumulation 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 70% alcohol
for not less than 30 minutes at room temperature.
C.
Each
stencil, after being disinfected, shall be air dried for not less
than 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.
(2286 § 2, 1994; 2803 § 1, 2011)
No tattooing operation shall be performed on skin surface areas
containing rash, pimples, boils, or infection, or otherwise manifesting
any evidence of unhealthy conditions.
(2286 § 2, 1994; 2803 § 1, 2011)
The establishment's owner shall provide written information
as required by the Health Officer about blood-borne diseases and their
transmission to all tattoo operators, and 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.
(2286 § 2, 1994; 2803 § 1, 2011)
No tattooing operation shall be performed unless the operator
is free of communicable diseases and pustular skin lesions.
(2286 § 2, 1994; 2803 § 1, 2011)
No operator shall smoke while performing a tattooing operation.
(2286 § 2, 1994; 2803 § 1, 2011)
The operator must wear a clean, light-colored, short-sleeved
smock while performing the tattooing operation.
(2286 § 2, 1994; 2803 § 1, 2011)
A.
No operator
shall perform a tattooing operation with unclean hands. For purpose
of this section, 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 hot air blower. If a liquid soap is used, the dispenser shall be
cleaned and filled with fresh soap only when empty.
B.
Tattoo
operators shall wear protective gloves while handling needles or blades,
or doing any procedure that may cause bleeding. Gloves shall be discarded
between each customer.
(2286 § 2, 1994; 2803 § 1, 2011)
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.
(2286 § 2, 1994; 2803 § 1, 2011)
No tattooing 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 washed
with soap following shaving and thereafter scrubbed gently three times
with 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.
(2286 § 2, 1994; 2803 § 1, 2011)
No tattooing operation involving the use of stencils shall be
performed unless all of the following requirements have been complied
with:
B.
Each
stencil, having been precleaned, must be wiped with sterile gauze
soaked in 70% alcohol and air dried immediately prior to its use in
the tattooing operation.
C.
Petroleum
jelly used for stencils must be obtained from a collapsible tube that
has not previously been used in any tattooing operation and must be
applied to the skin with a sterile gauze that has not previously been
used.
(2286 § 2, 1994; 2803 § 1, 2011)
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 6.38.030.
(2286 § 2, 1994; 2803 § 1, 2011)
No tattooing operation shall be performed unless the following
requirements have been complied with:
A.
The
dye or ink used for the tattoo must be obtained from presterilized
dye or inkbottles and, prior to the tattooing operation, aseptically
transferred from such bottles into sterile paper cups that have not
previously been used in any tattooing operation. No refilling of the
dye cup is permitted.
B.
No dye
or ink shall be used in which needles used on another person have
been dipped.
(2286 § 2, 1994; 2803 § 1, 2011)
No tattooing operation shall be performed using equipment that has not been cleaned and sterilized in the manner set forth in Section 6.38.040.
(2268 § 2, 1994; 2803 § 1, 2011)
Operators shall discard the following items immediately after
use in any tattooing operation:
A.
Blades
used in shaving;
B.
Tubes
and gauze used in application of petroleum jelly used for stencils;
and
C.
Paper
cups used for dye or ink.
(2286 § 2, 1994; 2803 § 1, 2011)
The Health Officer shall periodically make inspections of tattooing
establishments located in the City to determine if the proprietors
or operators of such establishments are complying with the provisions
of this chapter. The County shall, by annual Board of Supervisors
resolution, adopt health service fees to be paid by the proprietor
or operator of the tattoo establishment. Such fees to be paid directly
to the Health Officer and retained by the County as reimbursement
for said services related to this chapter.
(2286 § 2, 1994; 2803 § 1, 2011)
Each of the following acts or omissions shall constitute a misdemeanor
and upon conviction thereof shall be punishable by a fine not to exceed
$1,000.00:
A.
Any
performance of a tattooing operation by an operator in violation of
any requirement or prohibition imposed by this chapter.
B.
Any
failure by a proprietor to maintain a tattooing establishment in conformity
with the requirements of this chapter. For purposes of this subsection,
each day upon which such a failure to conform occurs shall constitute
a separate violation.
(2268 § 2, 1994; 2803 § 1, 2011)
