2012-104 Tattoo Establishments ORDINANCE NO. 2012-104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY-OF MENIFEE AMENDING
SECTIONS 9.1, 9.72, 9.50, AND 9.1 OF RIVERSIDE COUNTY LAND USE ORDINANCE NO.
348 AS ADOPTED BY THE CITY OF MENIFEE 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,
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 (as adopted by the City
of Menifee), Section 9.50 (b) Uses allowed in C-P-S scenic highway commercial zones
with a conditional use permit), and Section 9.1 (d) (Uses allowed in C-1/C-P general
commercial zones with a conditional use permit) are amended to add subsections (b)
(25), and (d) (19), respectively, tattoo establishments, to read as follows:
Tattoo establishments, which may not be an accessory use in any zone, and which may
not be located within (a) 500 feet of any other tattoo establishment or within the same
center; or (b) 500 feet of any use which involves permitting the sale for consumption of
alcohol (on-site license); and (c) the nearest of any such tattoo establishment shall not
be located within 500 feet of the nearest doorway 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
Ordinance No. 2012-104 Tattoo
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 limit hours of operation to between 7:00 AM and 9:00
PM daily, and shall require compliance with all applicable federal, state and local
regulations, including, but not limited to 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.
Section 3. Riverside County Land Use Ordinance No. 348 (as adopted by the City
of Menifee), Section 9.72 (b) (2) (Uses allowed in C-O commercial office zones with a
conditional use permit), is amended to read as follows (additions and deletion noted with
strikeouts and underlining):
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 for consumption of alcohol
(on--site license); and (c) the nearest of any such tattoo establishment shall not be
located within 500 feet of the nearest doorway 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 limit hours of operation to between 7:00 AM and 9:00
PM daily, and shall require compliance with all applicable federal, state and local
regulations, including, but not limited to 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.
Section 4. Effective Date.
This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED and ADOPTED this 3rd day of April, 2012.
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Ordinance No. 2012-104 Tattoo
Jo . Denver, Mayor
Approved as to form:
i
Joseph . etcher, n erim City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. 2012-104 to be the original ordinance adopted by the City Council of the City of
Menifee on April 3, 2012 and that said ordinance was published in accordance with the law.
Date:
Kathy Bennett, City Clerk
3
GAY v v,�
MENIFEE
John V.Denver
Mayor
STATE OF CALIFORNIA
Mayor PrrooTem
)
Thomas n COUNTY OF RIVERSIDE ) ss
em
CITY OF MENIFEE )
Wallace W.Edgerton
Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2012-104 was duly adopted by the City Council of the
Councilmember
Darcy Krnbe City of Menifee at a meeting thereof held on the 3`d day of April, 2012 by the
following vote:
Sue Kristjansson
Councilmember Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi,
Noes: None
Absent: None
Abstain: None
A
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us