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DATE: 07/15/2002 |
SUBJECT: FINAL READING ORDINANCE NO. 2002-O-143 Amending the City of Laredo Code of Ordinances,
Chapter 15, Health and Sanitation, Article VI, Tattoo and Body Piercing,
providing definitions; establishing a tattoo and body piercing permit
program; providing for exemption from requirements; terms of permits, terms
of renewal; terms of denial, and terms of suspension or revocation; providing
for injunctive relief and severability;
authorizing fees of $100 for tattoo or body piercing permits, and $200
for a combined studio for issuance or annual renewal of permits, and a $10
fee for replacement; authorizing a penalty for violation of this ordinance;
provide for publication and an effective date. |
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INITIATED BY: STAFF
SOURCE: Cynthia
Collazo
Hector F. Gonzalez, M.D., M.P.H. Asst.
City Manager Health
Director |
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PREVIOUS
COUNCIL ACTION: None |
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BACKGROUND: To ensure public health standards, safety, and disease prevention, the Texas Department of Health has adopted standards and procedures for the licensing and inspection of tattoo and body piercing studio. Under these standards, tattoo and body piercing studios are required and responsible for operating a safe and clean tattoo and body piercing establishment. The City of Laredo Health Department will establish a mandatory tattoo and body piercing studio permit program to enhance the public health, disease prevention and safety of the residents of the City of Laredo.
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FINANCIAL: The City of
Laredo will receive $500 in revenue
funds if this ordinance is approved. |
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RECOMMENDATION: |
STAFF: Recommends that Council introduce ordinance. |
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ORDINANCE NO. 2002-0-143
AMENDING CHAPTER 15, HEALTH AND SANITATION OF THE CODE OF ORDINANCES BY AMENDING ARTICLE VII, TATTOO AND BODY PIERCING, PROVIDING DEFINITIONS; ESTABLISHING A TATTOO AND BODY PIERCING PERMIT PROGRAM’ PROVIDING FOR EXEMPTION FROM REQUIREMENTS; TERMS OF PERMITS, TERMS OF RENEWAL; TERMS OF DENIAL, AND TERMS OF SUSPENSION OR REVOCATION; PROVIDING FOR INJUNCTIVE RELIEF AND SEVERABILITY; AUTHORIZING FEES OF $100.00 FOR TATTOO OR BODY PIERCING AND $200 FOR A COMBINED STUDIO FOR ISSUANCE OR ANNUAL RENEWAL OF PERMITS AND A $10.00 FEE FOR REPLACEMENT; AND AUTHORIZING A PENATLY FOR VIOLATION OF THIS ORDINANCE.
WHEREAS, to ensure good public health practices and disease prevention services, the Texas Department of Health has adopted standards and procedures for the licensing and inspection of tattoo and body piercing studios; and
WHEREAS, under these standards, tattoo and body piercing studios are required and responsible for operating a safe and clean tattoo and body piercing establishment; and
WHEREAS, the City of Laredo Health Department will establish a mandatory tattoo and body piercing studio permit program to enhance the public health, disease prevention and safety of the residents of the City of Laredo.
NOW THEREFORE BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF LAREDO:
Section 1. Amendment.
That there is hereby added to the City of Laredo Code of Ordinances, Chapter 15, Article VII, which is to read as follows:
Sec. 15-83. Definitions.
As used in this article, the following words shall have the meaning herein ascribed to them:
Health Director shall mean the person designated as being director of the Health Department of the City of Laredo or authorized representative(s) who are empowered to enforce the provisions of this ordinance.
Operator shall mean individuals having supervisory or management responsibilities, as well as any other person working in the tattoo and or body piercing studio who may be the person in charge of the tattoo or body piercing studio.
Repeated Violations shall mean violations that are not corrected within a time specified and continue to exist.
Serious Violations shall mean violations where imminent health hazard(s) exists, such as lack of sanitization, or lack of record(s) retention.
Sec. 15-84. Tattoo and Body Piercing Permit Program.
To protect the public health and safety, and to assure disease protection against infectious diseases, the City of Laredo Health Department will institute a tattoo and body piercing registration program for tattoo and body piercing studios located within the City Limits. The Health Director or assignee will establish and conduct regular inspections and annual registration of all tattoo and body piercing studios located within the city limits. The tattoo and body piercing registration program shall be consistent with requirements established in the Minimum Standards For Licensure of Tattoo And Certain Body Piercing Studios (Title 25 Texas Administrative Code, §§229.401-229.412) of the State Law. Operators shall demonstrate compliance to the Health Director by exhibiting a permit/license to operate issued by the Texas Department of Health. Operator(s) shall further demonstrate compliance with good general sanitation practices by exhibiting premises that are sanitary conditions and in a good state of repair and order.
Sec. 15-85. Tattoo and Body Piercing Studio Permit Required.
All tattoo and body piercing studios located within the City Limits shall be required to obtain a permit to operate issued by the Health Department Director.
Sec. 15-87. Exemption from Tattoo and Body Piercing Permit Requirements.
Physicians involved in the treatment and care of patients that use tattoos and body piercing as a medical treatment are exempt from the tattoo and body piercing permit requirements, so long as these treatments are solely of a medical nature and the physician does not engage solely in the application of tattoos and body piercing in his medical practice.
Sec. 15-88. Terms of Permit.
The Health Department Director or his authorized representative shall issue a permit to a tattoo and or body piercing studio to any person or firm who submits the required and completed application, pays to the city the fee as required in this article, and has demonstrated compliance with this article. All tattoo and body piercing studios permitted in accordance with the provisions of this article shall immediately post such permit(s) and inspection report(s) or cause same to be posted in a conspicuous place within the premises where such tattoo and body piercing studio is thereby authorized to be established, maintained or operated.
Sec. 15-89. Renewal by Re-issuance of Tattoo and Body Piercing Studio Permit.
A tattoo and or body piercing studio permit may be renewed by re-issuance if the
Operators demonstrates continued compliance with state law by exhibiting a permit/license to operate issued by the Texas Department of Health and satisfactorily pass a health and safety premises inspection that demonstrates that the studio is in sanitary condition in compliance with good general sanitation practices and in a good state of repair and order.
Sec. 15-90. Denial of Permit or Renewal; Suspension or Revocation of Permit.
(a) The Health Department Director may refuse to issue or renew a tattoo and or a body piercing studio permit or may suspend or revoke a tattoo and or a body piercing studio permit if the operator or holder;
(1) refuses to permit entry into the tattoo and or body piercing studio by the Health Director or his assignee or otherwise willfully obstructs the inspection of the tattoo and or body piercing studio; or
(2) if there are repeated or a serious violation(s) of any city ordinance in the tattoo and or body piercing studio; or
(3) if there is non compliance by to state laws regulating tattoo and or body piercing studios.
(b) At time of suspension of a tattoo and or a body piercing permit, the Health Director shall notify the permitted tattoo and or body piercing studio, in writing, of the reason(s) for which the permit is being suspended, and the date of such suspension. The permit shall then be revoked unless within ten (10) days following notice of suspension, the operator files a written request for a hearing with the Health Director. If no request for hearing is filed within the specified period, suspension and revocation of permit shall become final.
(c) An operator whose tattoo and or body piercing studio permit has been suspended or revoked shall not have it reinstated, or granted a new permit, until the operator rectifies all reason(s) for said suspension or revocation, which actions my include, but are not limited to, requiring an operator to obtain a letter of authorization for the state permitting authority.
Sec. 15-91. Permits and Fees.
(a) All tattoo and body piercing studio permit fees are due annually by June 1, of each calendar year at the Health Department; the annual permit fee shall be as follows:
(b) A current valid tattoo and or a body piercing studio permit may be replaced by the health director or his authorized representative(s) for a fee of ten dollars ($10.00).
Sec. 15-92. Penalty for violation.
Any person who violates a provision of this article or any person who is a holder of a tattoo and or a body piercing studio permit who does not comply with the requirements of this article and or applicable state laws or any applicable city ordinance, shall upon conviction by the municipal court of the city be subject to a minimum fine of five hundred dollars ($500) or a fine not to exceed two thousand dollars ($2,000.00) for each offense, and each day of violation of said article shall constitute a separate offense.
Sec. 15-93. Injunctive relief.
In the addition to and cumulative of all other penalties, the health director shall have the right to seek injunctive relief, for any or all violations of this article.
Sec. 15-94. Severability.
If any provision, section, sentence, clause or phrase of this ordinance, or the application of same, to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portion of this ordinance, or its application to other persons or sets of circumstances, shall not be affected thereby, and it being the intend of the City Council of the City of Laredo in adopting and approving this ordinance, that no portion hereof or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion of this ordinance.
Secs. 15-95 - 15-104.
Reserved.
Section 2.
Publication.
This Ordinance shall be published one (1) time in a newspaper of general circulation in Laredo.
Section 3. Effective
Date.
This Ordinance shall become
effective not less than sixty (60) days from the date of the public hearing on
this Ordinance, in accordance with the City Charter.
PASSED BY THE CITY
COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____________ DAY OF
________________________, 2002.
_____________________
ELIZABETH G. FLORES
MAYOR
ATTEST:
_____________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY
APPROVED AS TO FORM BY:
________________________
JAIME L. FLORES
CITY ATTORNEY