2009-25 Temporary Moratorium on Tattoo Parlors ORDINANCE NO. 2009-25
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MENIFEE EXTENDING THE
TEMPORARY MORATORIUM ON
TATTOO PARLORS WITHIN THE CITY
The City Council of the City of Menifee does ordain as follows:
SECTION 1. FINDINGS
The City Council finds as follows:
A. Recently there have been established throughout California cities "tattoo"
shops, studios, parlors and/or other commercial enterprises that engage
in the act of creating of permanent or semi-permanent body markings
and/or providing body piercing, branding, scarification and tattooing
services (hereinafter referred to as "tattoo parlors").
B. There have been documented health risks associated with the
actions taken in these tattoo parlors.
C. Riverside County Land Use Ordinance No. 348, adopted by
reference by the City, does not specifically prohibited a tattoo parlor
use.
D. Other California cities either prohibit or closely regulate tattoo
parlors on health and safety grounds;
E. Staff has recommended and the City Council has determined that
there is an immediate need to study the use and location, if any, of
tattoo parlors within the community in order to protect public health,
safety and welfare by those within this community.
F. State law (Government Code Section 65858) allows the City to
adopt an interim urgency ordinance which places a moratorium on
a use which will be studied by the City in order to prevent the
possible approval of such a use while a comprehensive ordinance
is developed;
G. Govt. Code Section 65858 provides that this ordinance initially may
be adopted for 45 days without notice or hearing, which may be
renewed after notice and hearing for 10 months and 15 days and
thereafter for an additional one year, for a total of no more than two
years;
H. The ordinance initially was adopted for 45 days on February 17,
Ordinance No. 2009-25
2009, and now is being extended for10 months and 15 days after a
noticed public hearing at which all those wishing to speak were
heard; and
I. City staff is in the process of gathering information regarding the
good and bad effects of such use, the experience of surrounding
cities and the regulations adopted by such cities.
SECTION 2. EXTENSION OF TEMPORARY PROHIBITION OF
TATTOO PARLORS AND SIMILAR FACILITIES
(a) Findings: The finds set out above are true and correct.
(b) Definitions: For purposes of this ordinance, the following words
shall have the meaning respectively ascribed to them by this
Ordinance:
(1) As used herein, the term "body piercing" means perforating
the skin for the express intention of insertion of any object
including, but not limited to, jewelry.
(2) As used herein, the term "branding" means the process
whereby heat is intentionally applied to the flesh of a person
such that it burns the skin and forms a permanent scar. This
includes, but is not limited to, use of hot metal, electric
current, and chemicals. For the purposes of this ordinance,
this term shall only apply to people and not to animals.
(3) As used herein, the term "scarification" means a form of
body modification that involves cutting into the skin and
"aggravating" the wound to produce scarring in a particular
design or pattern.
(4) As used herein, the terms "tattoo, tattooed, or tattooing" refer
to any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin of a
human with ink or any other substance, resulting in the
coloration of the skin by the aid of needles or any other
instrument designed to touch or puncture the skin.
(5) "Tattoo parlor" means shops, studios, parlors and/or other
commercial enterprises that engage in the act of creating
permanent or semi-permanent body markings and/or
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Ordinance No. 2009-25
providing body piercing, branding, scarification and tattooing
services.
(c) Tattoo parlors or other commercial enterprises (or portions thereof)
that engage in the acts of body piercing, branding, scarification or
tattooing services are prohibited within the City of Menifee during
such time as this ordinance or any extension thereof remains in
effect. This ordinance does not apply to existing tattoo parlors if
properly zoned, licensed and operated in compliance with all
applicable laws and regulations.
(d) This ordinance does not apply to actions considered medical
procedures by the State Board of Medical Examiners including
piercing of the ear with pre-sterilized single use stud-and-clasp ear
piercing systems or to procedures by licensed veterinarians.
SECTION 3. EFFECTIVE DATE OF ORDINANCE
Pursuant to Govt. Code Section 65858, this ordinance shall take effect at
the end of the initial 45-day period and shall terminate 10 months and 15 days
later as the interim moratorium is necessary for public health, safety and welfare.
PASSED, APPROVED AND ADOPTED BY the following 4/5th vote this
17th day of March, 2009, by the following vote:
AYES:
NOES: v�
ABSTAIN:UY1&AL)
ABSENT:V��
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bonnett, City Clerk
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Ordinance No. 2009-25
APPROVED AS TO FORM:
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Eliza eth Martyn, CitAftorrYey
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