It is the intent of this chapter to prevent public health risks
and potential secondary effects that could result from body art activities,
a collective term for any single activity or combination of activities
defined as tattooing, body piercing, or permanent cosmetics. The City
Council finds that body art activities involve invasive procedures
that present a risk of transmitting to clients and employees blood-borne
pathogens for serious infections unless stringent sanitary protocols
followed. The City Council also finds that the presence of body art
establishments in areas frequented by families and young children,
in close proximity to sensitive uses, and in close proximity to other
body art uses, and late night activities at body art establishments,
could have adverse secondary impacts to the community. These types
of activities could cause parents to keep their children away from
areas with such uses, residents to shop elsewhere, and businesses
to move to alternative areas, and could result in late night activities
inconsistent with the character of the community. It is, therefore,
the intent of this chapter to establish reasonable and uniform regulations
to reduce public health risks, to prevent the close proximity of body
art activities to incompatible uses and the concentration of body
art activities in close proximity to each other, and to restrict the
hours of operations for body art establishments as appropriate to
maintain the existing residential and educational character of the
community.
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The terms and phrases used in this chapter shall have the same meaning as defined in Chapter 8.02 (City's Public Health Code).
(11-06)
No body art activity or use shall be established, undertaken, continued, maintained, enlarged or altered, and no body art establishment shall be constructed or moved into within the City of Claremont without first complying with all requirements of Claremont Municipal Code Chapter 8.02 (City's Public Health Code). All owners and operators of body art establishments and persons conducting body art shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Health.
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In addition to complying with the requirements of Municipal Code Chapter 8.02, body art activities, uses and establishments shall comply with all applicable development standards and regulations of this title, including, but not limited to, standards and regulations pertaining to business location, building setbacks, height and size, architectural review, parking, landscaping, and signs.
(11-06)
A.
No body art establishment shall be established or located in any zoning district or area of the City other than those districts in which body art is listed as a permitted use in Table 16.051.A in Chapter 16.051.
B.
No
body art establishment shall be located within 200 feet from any existing
residential district or use, public park, religious institution, or
educational institution for minors, whether public or private, from
the primary entrance of the body art establishment to the property
line of such district or use, public park, religious institution and
educational institution.
C.
No
body art establishment shall be established or located within 250
feet of any other existing body art establishments, whether in the
City, in an adjoining city, or within an unincorporated area, as measured
from the closest points of the interior tenant walls of each establishment.
When two or more applications are submitted for establishments with
locations within 250 feet of each other, the application which was
accepted first in time shall be processed by the City, with any later
submitted applications deemed nonconforming until such time a determination
is made by the City on the initial application.
D.
All
distances set forth above shall be measured in a straight line, without
regard to boundaries of the City and intervening structures.
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A body art establishment shall be open or operating for business
only between the hours of 8:00 a.m. and 10:00 p.m. on any particular
day.
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The following are exempt from the body art registration and
permitting requirements of the County pursuant to County Health Code
Section 11.36.470 and are not subject to the provisions of this chapter:
A.
A
physician licensed by the State of California who uses body art activities
as part of patient treatment; and
B.
A
person who exclusively engages in the piercing of the leading edge
or earlobe of the ear, provided he or she does the following:
(11-06)
No temporary or mobile body art establishment or event is permitted
within the City.
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