2010-84 Tattoo Establishments ORDINANCE NO. 2010-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE AMENDING
SECTIONS 21 AND 9.72 OF RIVERSIDE COUNTY LAND USE ORDINANCE NO. 348
PROVIDING FOR THE ZONING OF TATTOO ESTABLISHMENTS
The City Council of the City of Menifee does ordain as follows:
Section 1. The City Council finds as follows:
A. That this revision to Land Use Ordinance No. 348, as adopted by the City as its
Zoning Code, is consistent with the general plan;
B. That the process of tattooing, while expression protected by the First Amendment,
raises legitimate health, safety and welfare concerns because of the use of needles
which pierce the skin, the minimal resources for County or State regulatory
enforcement, and the past association of the process with possible criminal activity;
and
C. That the regulations set out here constitute neutral reasonable time, place and
manner restrictions on such a use, consistent with the standards utilized for other
businesses, without reference to the content of the tattoos;
D. That such regulations are narrowly tailored to serve the significant governmental
interest of protection of health and safety; and
E. That the regulations set out here do not prohibit but simply regulate tattooing.
F. That body piercing, branding and scarification are conduct as opposed to expression
as opposed to expression and therefore are not protected in the same manner as
tattooing.
Section 2. Riverside County Land Use Ordinance No. 348, Section 21, is amended
to add the following definitions:
(1) "Body piercing" means perforating the skin for the express
intention of insertion of any object including, but not limited to,
jewelry, but does not include ear piercing with pre-sterilized stud
and clasp ear piercing systems or other procedures considered
medical procedures by the State Board of Medical Examiners.
(2) "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.
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(3) "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) "Tattoo establishment" shall mean any establishment or business
that engages in the business of tattooing.
As provided herein, body piercing, branding and/or scarification
are prohibited as part of a tattoo establishment.
(5) 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, but does not include cosmetic tattooing. Tattoo, tattooed or
tattooing does not include branding, scarification or body piercing.
(6) As used herein, the term "cosmetic tattooing," also known as
dermapigmentation and micropigmentation, refers to a cosmetic or
corrective process of applying pigment to the body for the
purposes of esthetic enhancement.
Section 3. Riverside County Land Use Ordinance No. 348, Section 9.72 (b) (Uses
allowed in C-O commercial office zones with a conditional use permit) is amended to add
subsection (b) (2) tattoo establishments, to read as follows:
(2)Tattoo establishments, which may not be an accessory use in any zone, and which
may not be located within (a) 1000 feet of any other tattoo establishment or within the
same center; or (b) 500 feet of any use which involves the sale or consumption of
alcohol (on- or off-site license); and (c) the nearest boundary of the parcel on which any
such tattoo establishment is located shall not be located within 1000 feet of the nearest
boundary of a public or private school, church (or similar facility for the sole purpose of
the exercise of religion), or public or private park or playground.
Notwithstanding any other provisions of Ordinance No. 348 to the contrary, any such
conditional use permit shall expire if the use ceases for ninety (90) consecutive calendar
days unless such cessation is due to natural disaster, in which case the expiration period
for non-use shall be one (1) year.
Such conditional use permit shall prohibit operation between the hours of 9:00 p.m. and
7:00 a.m. and shall require compliance with all applicable federal, state and local
regulations, including, but not limited the licensing of tattoo providers, who must be over
the age of 18, and the inspection of tattoo establishments by the appropriate County
department(s).
In addition, the CUP shall address the type of floor and work surfaces; tattooing of
minors, as legally appropriate; disposal of needles; prohibition on alcoholic beverages
and other health and safety requirements.
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Section 4. Effective Date; Termination of Moratorium.
This ordinance shall be effective 30 days from the date of its adoption. When effective, it
shall supersede any and all the interim urgency ordinances regarding tattooing.
PASSED, APPROVED and ADOPTED this day of January, 2011.
Wallace W. Edgerton
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
Karen Feld, City Attorney
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I
MENIFEE
Wallace W.Edgerton
Mayor
Fred Twyman
Vice Mayor
John V.Denver
Councilmember STATE OF CALIFORNIA )
Darcy Kuenzi COUNTY OF RIVERSIDE ) ss
Councilmember CITY OF MENIFEE )
Thomas Fuhrman I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing
Councilmember Ordinance No. 2010-84 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Menifee on the 21 st day of December, 2010,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Menifee at a meeting thereof held on the 4th day of January, 2011 by the following
vote:
Ayes: Denver, Edgerton, Fuhrman, Kuenzi, Twyman
Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 95t•679.3843
www.cityofrnenifee.us