HomeMy WebLinkAboutVacation - Property Ingress-Engress Easement Release - off of Mami Highway approximately 400 feet south of Kern Road - Forest View Trail Vacation (2)ORDINANCE No. a~6~
Passed by the Common Council of the City of South Bend, Indiana
October 12, 19 98
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
October 15,
LORETTA,1. DUDA
City Clerk
Approved and signed by me
October 16,
ty Clerk
President of Common Council
19 98
19 98
Mayor
BILL No. 58-98 AS AMENDED
ORDINANCE NO. 89y6-98
AN ORDINANCE OF THE COMMON COUNC]L OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED
REGULATIONS ADDRESSING TATTOO. BODY PIERCING, SCARIFYING AND
BRANDING ESTABLISHMENTS AND PERSONNEL.
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Indiana Code § 36-1-4-11 authorizes the City of South Bend to pass and enforce
ordinances which it believes are in the best interest of the community and which may
protect the health and safety of their citizens. The City furthermore has the authority to
pass and enforce reasonable licensing regulations, and zoning regulations pursuant to
Indiana Code 36-7-4-201 which encourages cities to improve the "health, safety,
convenience, and welfare of their citizens and to plan for the future development of their
communities".
The Common Council has been advised that the United States Food and Drug
Administration (FDA), Center for Food Safety and Applied Nutrition of the U.S. Food and
Drug Administration currently have limited authority over temporary and permanent tattoo
procedures and policies, with the state and local authorities having direct jurisdiction over
the actual practice of tattooing by salon technicians.
Prior to 1997, the State of Indiana viewed providing tattoos as practicing medicine.
However Senate Bill No. 13 which became effective on July 1, 1997, repealed the
requirement that any one who tattooed an individual had to be a licensed medical physician.
As a result of this state law, individuals who perform tattooing services are now unlicensed
and unregulated under the laws of the State of Indiana.
This proposed ordinance sets forth reasonable licensing and health and safety
regulations which would be enforced by appropriate City and County officials. It is
believed that these regulations will help safeguard the public while supporting economic
growth.
A separate companion Bill will be introduced to address zoning regulations for the
location of tattoo and body piercing establishments which will amend Chapter 21 of the
Municipal Code of the City of South Bend.
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ec i n I. Chapter 13 of the Municipal Code of the Ciry of South Bend, is hereby
amended by the inclusion of new Article 11 which shall read in its entirety as follows:
Article 11. Regulations Addressing Tattoo, Body Piercing,
Scarifying and Branding Establishments and Personnel.
Sec. 13-123 Public Policy and Findings of the Council.
(a) Pursuant to the "Home Rule" authority specifically granted to local
municipalities, the Common Council believes that local problems require local responses so
that positive action can be properly implemented to protect the citizens of our community.
(b) The Common Council finds and declares that in light of the growing popularity
of individuals having their bodies tattooed, pierced, scarified or branded that reasonable
regulations are necessary to regulate this service so that serious infections and other health
concerns may be minimized by an informed and educated public.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 2
(c) The Council further finds and declares that current federal and state regulations
are wholly inadequate to address the growing public health and public safety concerns
caused by unlicensed individuals performing tattoo, body piercing and branding services
for a fee within our City.
(d) The Council therefore concludes that it is necessary to establish the following
regulations which are enacted to serve the best interests of the residents of our community
and are a proper exercise of the City's police powers granted to it.
Sec. 13-124 Definitions.
Any word that is not specifically defined in this section shall have the definition
assigned to it in Indiana Code §§ 16-18-2-1 through 16-18-2-379, as it may be amended
from time to time. The following definitions shall apply throughout this Article:l
"Acceptable" means satisfactory or adequate; fulfilling the needs or requirements of a
specified rule, provision or policy.
"Antiseptic" means a product or products used to stop or inhibit the growth of bacteria.
"Blood" means human blood.
"Bloodborne pathogens" means pathogenic micro-organisms that are present in human
blood and can cause disease in humans. These pathogens, include, but are not limited to,
the following:
1. Hepatitis B virus (HBV).
2. Hepatitis C virus (HCV).
3. Human immunodeficiency virus (HIV) as further addressed in Indiana
Code § 16-41-12-4, as may be amended from time to time.
"Client" means the individual receiving any service regulated by this Article.
"Contaminated sharp" means an object that meets the following conditions:
1. Is capable of cutting or penetrating the skin.
2. Has been in contact with blood or body fluids.
The term includes a hypodermic or suture needle, syringe, scalpel blade, pipette, lancet or
broken glass as further defined in Indiana Code § 16-41-16-2, as it may be amended from
time to time.
"Brand" means to mark the skin by utilizing a hot instrument or any type of contaminated
sharp instrument.
"Clean" means free of dust, soil, or other foreign matter.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 3
"Communicable disease or condition" means diseases or conditions diagnosed by a
licensed medical physician as being contagious or transmissible, which include but are not
limited to:
Chicken pox
Diphtheria
Measles
Meningococcal disease
Mumps
Pertussis (whooping cough)
Plague
Poison Ivy Tinea (ring worm)
Poison Oak Tuberculosis
Poison sumac
Rubella
Scabies
Staphylococcal skin infections (boils,
infected wounds)
as further addressed in Indiana Code § 16-41-15-1, et seq., as may be amended from time
to time.
"Completed Procedure" means a piercing which has been finished.
"Contaminated" means the presence or reasonably anticipated presence of blood or other
potentially infectious materials (OP1M) on an item or surface which include human body
fluids such as semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid,
pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid
which is visibly contaminated with blood, any body fluid which is difficult or impossible to
differentiate between other body fluids, any unfixed tissue or organ, HIV-containing cell or
tissue cultures, and HN or HBV-containing culture medium or other solutions.
"Cosmetic" means a preparation designed to beautify the body.
"Cosmetic Tattooing" means and includes eyeliner, eyebrows, lip liner, full lip color,
repigmentation or camouflage but does not include beauty marks.
"Easily Accessible" means unrestricted use or availability, easy to approach or enter.
"Enclosed Storage Area" means separate room, closet, cupborad or cabinet.
"EPA" means the United States Environmental Protection Agency.
"Equivalent" means comparable but not identical, covering the same subject matter.
"Facility" means the physical place of business and includes all areas used by a permanent
color technician, tattoo artist, practitioner who performs body scarifying or body branding
or body piercer and clients, including but not limited to treatment area, waiting/reception
area, establishment and premises.
"FDA" means the United States Federal Food and Drug Administration.
"Figurative Tattooing" means and includes the outlining and shading, the use of
different sizelconfiguration of needs and a new design on a client or a different client.
"High-Level Disinfectant" means a chemical agent which has demonstrated
tuberculocidal activity.
"Inability" means a serious lack of ability, legal qualification or fitness to perform one's
duty effectively.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 4
"Infectious Waste" means waste that epidemiologic evidence indicates is capable of
transmitting a dangerous communicable disease. Infectious waste includes, but is not
limited to the following:
1. Contaminated sharps or contaminated objects that could potentially become
contaminated sharps.
2. Infectious biological cultures, infectious associated biologicals, and infectious
agent stock.
3. Patholoical waste.
4. Blood and blood products in liquid and semi-liquid form.
5. Carcasses, body parts, blood and body fluids in liquid and semi-liquid form,
and bedding of laboratory animals.
6. Other waste that has been intermingled with infectious waste
as further defined in Indiana Code § 16-41-16-2, as it may be amended from time to time.
"Instruments" mean needles, probes, forceps, hemostats or tweezers and other
equipment used in tattooing, permanent coloring, body piercing or body scarifying. Such
equipment includes but is not limited to piercing needles, forceps, hemostats, tweezers, or
other implements used to pierce, puncture, or be inserted into any part of the human body
for the intended purpose of making a permanent hole. Such equipment also includes studs,
hoops, rings or other decorative jewelry, materials or apparatuses inserted into any part of
the human body for the intended purpose of placement in the hole resulting from piercing.
"Licensed Medical Physician" means a person regulated by Indiana Code § 29-2-16-
1, as may be amended from time to time.
"Linens" means cloths or towels used for such things as draping or protecting tables.
"Low-Level Disinfectant" means a chemical agent which has demonstrated
bactericidal, germicidal, fungicidal and limited virucidal activity.
"Minor" means a person who is less than eighteen (18) years of age, with a valid Birth
Certificate properly certified by the appropriate health officer being the only written
documentation allowed to prove one's age.
"Needle" means the implement used to insert dyes or pigments into the dermis of the skin
during permanent color or tattoo procedures; as well as implements used to pierce or
puncture a hole in any part of the human body.
"Needle Bar" means the metal or plastic device used to attach the need to a tattoo
machine.
"Official Transcript" means a document certified by a school, vocational school or
agency or regulating authority indicating the hours and types of coursework, curriculum,
examinations and scores or grades which were completed by the individual.
"One Year of Work Experience" means a total of twelve (12) full calendar months,
but not necessarily within the same calendar year or consecutively.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 5
"Operatory" means:
1. A screened or separated area away from public access and viewing, isolated
from a reception or waiting area, when piercings are conducted upon the genital, nipple, or
other discretionary part of a person's body; or
2. A designated area which is segregated from other business activities or services,
when ear piercing services are conducted. The designated area may consist solely of a
table, work station, and/or chair independent of any other retail or merchandise activities.
"OPIM" means other potentially infectious materials. (See contaminated)
"Owner" means and includes every person having ownership, control or custody of any
place of business or employment.
"Permanent Hole" means a hole produced by piercing or puncturing any part of the
human body, with instruments intended to leave an opening in body tissue(s) into which an
appropriate device or apparatus may be inserted. Permanent hole would include any bod
part newly pierced or punctured which is undergoing a healing process; and ,any piercing
whether or not removal of a device or apparatus from the perforation would result in fusing
or healing of the tissue or skin structures.
"Person" means one or more individuals, legal representatives, partnerships, joint
ventures, associations, corporations, business trusts, or any organized group of persons.
"Personal Protective Equipment" means specialized clothing or equipment worn for
protection against contact with blood or OPIM.
"Piercing gun" means ahand-held tool manufactured exclusively for piercing the
earlobe, into which studs and clutches are placed and inserted into the earlobe by ahand-
squeezed or spring loaded action to create a permanent hole. The tool is made of plastic,
stainless steel or other material that is able to be disinfected.
"Place or Places of Business" means the name, regular address, and location where
the licensee or applicant for license intends to perform any service regulated by this Article.
"Practitioner" means the person providing any of the services addressed in this Article
for a fee who is required to be licensed.
"Premises" means the entire building or structure within which services are performed.
"Pre-Service Written Information" means a document written in plain English or the
language spoken and read by the client which is required to be given by the place of
business to the client to advise him or her of possible reactions, side-effects and potential
complications of the tattooing, permanent color, body piercing, body branding, or body
scanfying and which must include the date the service was performed, the name of the
practitioner, name, address and telephone number of the place of business.
"Procedure Room" means the room or area within the premises where tattooing,
permanent coloring, body piercing, body branding or body scarifying procedures are
conducted.
"Program" means the office and staff designated to carry out the daily functions of the
services covered by a license issued under this Article.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 6
"Protective Gloves" means gloves made of vinyl, latex, or "Nitrile".
"Public View" means open to view and easy for the public to see, located in the waiting
or lobby area of the place of business.
"Regular Address of Place or Places of Business" means a street or location
address, not a post office box.
"Renew" means to extend a current license for a year beyond expiration or to bring an
inactive license to current, active status.
"Scarify" means to make superficial cuts in the skin by a surgical instrument commonly
referred to as a scarificator or other types of sharps.
"Services" means tattooing, permanent coloring, body piercing, branding and scarifying,
the activities regulated by this Article.
"Sharps" means any object that can penetrate the skin, including but not limited to
needles, scalpel blades, lancets, glass tubes that could be broken during handling and
syringes that have been removed from their original sterile containers.
"Sharps Container" means apuncture-resistant, leak-proof container that con be closed
for handling, storage, transportation, and disposal. The container must be red and labeled
with "Biohazard" symbol.
"Single Use" means products, instruments or items that are disposed of after each use,
including but not limited to cotton swabs or balls, tissues or paper products, paper or
plastic cups, gauze and sanitary coverings, piercing needles and protective gloves.
"Sterilization" or "Sterilize" means the destruction of all forms of microbiotic life,
including spores and highly resistant bacterial endospores by the use of a physical or
chemical procedure.
"Secure Area" means an area that is designated and maintained to prevent the entry of
unauthorized persons, as further defined in Indiana Code § 16-41-16-6, as it may be
amended from time to time.
"Tattoo" means to deliberately scar, burn or prick the skin so as to leave a mark or a color
that cannot be removed without a surgical procedure. Tattoo includes figureative tattooing
and permanent coloring.
"Universal Precautions" means a set of guidelines and controls, published by the
Center for Disease Control (CDC) which outline certain practices which health workers
must employ in order to prevent parenteral, mucous-membrane, and no intact skin
exposure toblood-borne pathogens. The method of infection control requires the employer
and employee to assume that all human blood and specified human body fluids are
infectious for HIV, HBV, and other blood borne pathogens. Precautions include hand
washing, gloving, personal protective equipment, injury prevention, proper handling and
disposal of needles and other sharp instruments and blood and body fluid contaminated
products, as is further addressed in Indiana Code § 16-41-11-3, as it may be amended
from time to time.
"Written Aftercare Instructions" means a document written in plain English or the
language spoken and read by the client which is required to be given by the place of
business to the client to advise him or her of types of care which the person must perform
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 7
as a result of the tattooing, permanent color, body piercing, body branding, or body
scarifying procedures and which must include the date the service was performed, the name
of the practitioner, name, address and telephone number of the place of business.
Sec. 13-125 Licenses Required for Establishments and Individuals Who
Perform Tattooing, Branding, Scarifying and Piercing
Services.
(a) No person shall conduct, maintain, operate or cause to be conducted,
maintained or operated, any establishment within the City of South Bend, Indiana, which
provides any of the following services for a fee: tattooing, body piercing, body branding
or body scarifying without first complying with all of the provisions of this Article and the
applicable zoning regulations set forth in Chapter 21 of this Code.
(b) All practitioners and all premises providing any type of service addressed in
this Article are required to comply with all applicable regulations set forth herein.
Sec. 13-126 License Application Requirements for A Practitioner.
(a) A person or entity who desires to provide any service regulated by this Article
shall apply for a license from the Office of the City Controller on forms provided from said
office. Said Application shall contain the following:
1. The name (previous name, alias and aka), personal and business address
and telephone number of the applicant. If the applicant is other than an individual, the
applicant shall provide the Employer Identification Number issued to it by the Internal
Revenue Service, the Taxpayer Identification Number issued to it by the Indiana
Department of Revenue, and all names, addresses and telephones numbers of all
individuals having an ownership interest in the business.
2. The Application Fee.
3. Written proof that the applicant is not a minor.
4. Copy of high school diploma, equivalent diploma (GED), or degree
from an accredited institution of higher education.
5. Name and street address of where the applicant intends to perform
services.
6. Nature of service and work applicant intends to perform
7. Qualifications of the applicant to operate, maintain, or conduct any
service regulate by this Article, including but not limited to:
i. Training_and Education: Listing of all training and education
received including the dates, degrees, hours earned, name of institution, and address to
provide any service regulated by this Article. An official transcript of all training and
education verifying the same for the person seeking a license. A completion of all hours of
practical theory hours addressing:
Laws and Rules Circulatory and nervous systems
Bacteriology Draping and positioning
Sanitation and Sterilization Professional Ethics and business
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 8
Anatomy and Physiology
Endocrinology
Equipment/Supplies
Basic color theory/pigments
Structure, dynamics and diseases of
the skin and hair
Anatomy for Piercers
Insurance
Needles
Tattoo machines
Safety, Sanitation and Sterilization
Skin: Diseases, disorders, conditions
Client Handling
Body Piercing techniques
CPR
Piercing Bedside Manner
The applicant must show written proof of minimal training and education in the amount of
six hundred (600) hours in order to be considered for a Practitioner's License.
ii. Work Experience: Listing of all part-time and full-time work
experience including the dates, locations by name and complete address, name and
telephone number of immediate supervisor where services regulated by this Article were
rendered.
iii. Associations and Organization Memberships: Listing of all
current memberships in associations and organizations addressing the services regulated by
this Article, including but not limited to such organizations as the Association of
Professional Piercers (APP), the Alliance of Professional Tattooists (APT) and the Society
of Permanent Cosmetic Professionals (SPCP) with the applicant providing how long he or
she has been a member of such association(s) or organization(s) and providing her or her
membership number(s).
8. Written documentation verifying that the applicant has successfully
completed the training program required under the requirement of the Indiana Occupational
Safety and Health Administration's bloodborne pathogen standards.
9. Written documentation verifying that the applicant has successfully
completed the policies addressing the handling of infectious waste in effect at the place of
business where the applicant intends to work.
10. History of prior criminal record, if any, of the applicant.
11. Written documentation from a licensed medical physician certifying that
the applicant has been examined within thirty (30) days preceding the date of application for
a license that he or she is free from any communicable disease.
12. A certificate of insurance shall be filed with the application verifying that
the applicant has proof of liability insurance coverage in an amount of not less than three
hundred thousand dollars ($ 300,000.00) for injury as a result of any one (1) occurrence,
and public liability coverage of accidental bodily injury including death, to any member of
the public in an amount of not less than five hundred thousand dollars ($ 500,000.00) for
all public liability from any one occurrence. The policy of insurance filed must also contain
the following provision: "The City of South Bend through the Office of the City Controller
will be given fifteen (15) business days notice prior to the effective date of the cancellation
or other material change of this policy".
13. Certification that the application information is correct by verifying
under oath and under the penalties for perjury that all information and representation
contained in the application are true and correct.
(b) Each application for a Practitioner's License shall be sent to the appropriate
offices for review and recommendation. More specifically, the County Health Department
shall review said application with regard to the training and education requirements; the
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 9
Police Department shall conduct all criminal background checks; and the City Controller's
office shall review said application for completeness and with regard to verifying that all
information required by this section is provided by the applicant.
(c) No applicant for a Practitioner's License shall be issued such license if he or
she:
1. Has not met the minimal training and education requirements in order to
be considered for a Practitioner's License with the lack thereof being consider an inability.
2. Has been convicted of a felony.
incompetent.
3. Has been convicted of drug or alcohol violations.
4. Has been determined by a licensed medical physician to be mentally
5. Has failed to meet the applicable regulations of this Article.
Sec. 13-127 License Application Requirements for Premises.
(a) A person or entity who desires to have a place of business which will provide
any services regulated by this Article shall apply for a license from the Office of the City
Controller on forms provided from said office. Said Application shall contain the
following:
1. The name (previous name, alias and aka), personal and business address
and telephone number(s) of the applicant and the proposed place of business. The
applicant shall provide the Employer Identification Number issued to it by the Internal
Revenue Service, the Taxpayer Identification Number issued to it by the Indiana
Department of Revenue, and all names, addresses and telephones numbers of all
individuals having an ownership interest in the business.
2. The Application Fee.
3. Written proof that the applicant is not a minor.
4. Copy of high school diploma, equivalent diploma (GED}, or degree
from an accredited institution of higher education.
5. Name and street address of the location(s) where the applicant intends to
establish the place(s) of business.
6. Nature of service and work applicant intends to perform at the place of
business.
7. Qualifications of the applicant to operate, maintain, or conduct any
service regulate by this Article, including but not limited to:
i. Training and Education: Listing of all training and education
received including the dates, degrees, hours earned, name of institution, and address to
provide any service regulated by this Article. An official transcript of all training and
education verifying the same for the person seeking a license. A completion of all hours of
practical theory hours addressing:
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 10
Laws and Rules
Bacteriology
Sanitation and Sterilization
Anatomy and Physiology
Endocrinology
Equipment/Supplies
Basic color theory/pigments
Structure, dynamics and diseases of
the skin and hair
Anatomy for Piercers
Insurance
Circulatory and nervous systems
Draping and positioning
Professional Ethics and business
Needles
Tattoo machines
Safety, Sanitation and Sterilization
Skin: Diseases, disorders, conditions
Client Handling
Body Piercing techniques
CPR
Piercing Bedside Manner
The applicant must show written proof of minimal training and education in the amount of
six hundred (600) hours in order to be considered for a Premises License.
ii. Work Experience: Listing of all part-time and full-time work
experience including the dates, locations by name and complete address, name and
telephone number of immediate supervisor where services regulated by this Article were
rendered.
iii. Associations and Organization Memberships: Listing of all
current memberships in associations and organizations addressing the services regulated by
this Article, including but not limited to such organizations as the Association of
Professional Piercers (APP), the Alliance of Professional Tattooists (APT) and the Society
of Permanent Cosmetic Professionals (SPCP) with the applicant providing how long he or
she has been a member of such associations (s) or organization(s) and providing his or her
membership number(s).
8. Written documentation verifying that the applicant has successfully
completed the training program required under the requirement of the Indiana Occupational
Safety and Health Adrrunistration's bloodborne pathogen standards;
9. History of prior criminal record, if any, of the applicant.
10. Written documentation from a licensed medical physician certifying that
the applicant has been examined within thirty (30) days preceding the date of application for
a license that he or she is free from any communicable disease.
11. Listing of all persons who will provide services at the place of business,
including the name, address, telephone number, Practitioner's License Number, and
verifying that each such person:
i. Has met the minimal training and education requirements in order
to be considered for a Premise's License with the lack thereof being consider an inability.
ii. Has not been convicted of a felony.
iii. Is not known to be a drug user or alcohol abuser.
iv. Has not been determined by a licensed medical physician to be
mentally incompetent.
12. Agrees to comply with all health, safety and sanitation regulations
addressed in this Article and shall maintain a copy of this Article at the place of business.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 11
13. Permit inspections of the proposed place of business as a part of the
application process and inspections conducted pursuant to § 4-7 of the South Bend
Municipal Code.
14. Would provide written notice to the Office of the City Controller of any
change of employees, closure or plan to relocate within five (5) business days of such
change.
15. A diagram of the proposed place of business depicting among other
things the locations of all work stations, restroom facilities, ingress and egress, operatory
areas, infectious waste storage area(s), and waiting areas.
16. Proposed Hours of Operation.
17. Proposed Fees which shall be required to be posted at the place of
business.
18. A certificate of insurance shall be filed with the application verifying that
the applicant has proof of liability insurance coverage in an amount of not less than five
hundred thousand dollars ($ 500,000.00) for injury as a result of any one (1) occurrence,
and public liability coverage of accidental bodily injury including death, to any member of
the public in an amount of not less than one million dollars ($ 1,000,000.00) for all public
liability from any one occurrence. The policy of insurance filed must also contain the
following provision: "The City of South Bend through the Office of the City Controller
will be given fifteen (15) business days notice prior to the effective date of the cancellation
or other material change of this policy".
19. Copies of all Pre-Service Written Information and Aftercare
Instructions which the applignt intends to utilize at the place of business.
20. Copies of all written policy proposed to be used which are in
compliance with this Article and the requirements of the Indiana Occupational Safety and
Health Administration's bloodborne pathogen standard that:
i. Requires the use of universal precautions when performing any
service regulated by this Article that includes any reasonably anticipated skin, eye, mucous
membrane or parental contact with blood or OPIM;
ii. Includes the safe and effective handling of infectious waste; and
iii. Provides sanctions, including discipline and dismissal, if
warranted, for any employee who fails to use universal precautions and/or handle
infectious waste in a safe and effective manner.
21. Copies of proposed infectious waste containment policies to be utilized
as well as copies of proposed policies addressing the treatment and transport of infectious
waste.
22. Certification that the application information is correct by verifying
under oath and under the penalties for perjury that all information and representation
contained in the application are true and correct.
(b) Each application shall be sent to the appropriate offices for review and
recommendation. More specifically, the County Health Department shall review said
application and renewal applications with regard to the training and education requirements,
shall review all Pre-Service Written Information and Aftercare Instructions, and shall
conduct inspections to determine compliance with health and sanitation requirements; the
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 12
Police Department shall conduct all criminal background checks; the Building Department
shall conduct inspections to determine compliance with Zoning and Building Code
requirements; the Fire Department shall conduct inspections for fire prevention and fire
safety requirements; and the City Controller's office shall review said application for
completeness and with regard to verifying that all information required by this section are
provided by the applicant.
(c) Inspections of the proposed premise to be used as a place of business shall be
conducted and written reports of such inspections shall be sent to the City Controller.
(d) The proposed place of business must meet the applicable regulations set forth in
Chapter 21 of the Municipal Code of the City of South Bend addressing zoning.
Sec. 13-128 Licensing Procedures-Practitioner's License and Premise's
License.
(a) Upon receipt of the reports from the offices charged with investigative and
background check information and verification, the City Controller shall review the same
along with the applicant's application.
(b) No license shall be issued if it is determined that an applicant for a
Practitioner's License has an inability or has failed to demonstrate compliance with the
applicable terms and conditions of this Article.
(c) No license shall be issued if it is determined that an applicant for a Premise's
License has an inability or has failed to demonstrate compliance with the applicable terms
and conditions of this Article.
(d) The City Controller shall review all applications pursuant to the powers and
duties conferred and set forth in § 4-14 and § 4-16 of the Municipal Code of the Ciry of
South Bend.
Sec. 13-129 Denial of License, Suspension and Revocation of License(s).
(a) Any applicant denied a license may petition for a hearing to review such refusal
to issue pursuant to the terms and conditions set forth in § 4-16 of the Municipal Code of
the City of South Bend.
(b) Warning notices and citations may be issued pursuant to § 4-15 of the
Municipal Code of the Ciry of South Bend.
(c) Any suspension and revocation of licenses shall be conducted pursuant to § 4-
16 ofthe Municipal Code of the City of South Bend.
Sec. 13-130 Display of License and Inspection Certificate Required.
(a) All persons providing services must have a current Practitioner License which
must be posted in public view in their work station. The Premises License shall be posted
in public view in the lobby or waiting area of the place of business.
(b) The latest inspection certificate shall be posted in public view in the lobby or
waiting area of the place of business.
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Sec. 13-131 Duplicate Licenses.
(a) The City Controller may issue a duplicate license provided the request is made
in writing, certifying that the original license has been lost or destroyed.
(b) A fee for the duplicate license must be paid at the time that the request is made.
(c) Any duplicate license issued by the City Controller shall have "Duplicate"
marked on it and shall be subject to all requirements applicable to the original license.
(d) The posting of a reproduction of any license is prohibited.
Sec. 13-132 Restricted Hours of Operation.
No place of business required to have a Premise's License and no person required
to have a Practitioner's License under the terms and conditions of this Article shall provide
services between the hours of 10:00 p.m. and 7:00 a.m.
Sec. 13-133 Required Annual License Fees.
The annual license fees under this Article shall be as follows:
(a) Initial application for a premise's license: $ 250.00
(b) Initial application as a practitioner $ 125.00
(c) Annual renewal for an active premise's license: $ 150.00
(d) Annual renewal for an active practitioner license: $ 75.00
(e) Late Fee: $ 50.00
(f) Annual renewal for a suspended premise's license: $ 200.00
(g) Annual renewal for a suspended practitioner license: $ 100.00
(h) Duplicate premises's license: $ 25.00
(i) Duplicate practitioner license: $ 25.00
Sec. 13-134 Mandatory Continuing Education for Practitioner's License
Renewal.
(a) To maintain a license to practice as a permanent color technician, tattoo artist,
body piercer, body scarifier, body brander, the person must participate in continuing
education as follows:
1. Complete six (6) hours of continuing education each calendar year.
(b) Continuing education courses shall be of the same subject matter relating to the
practice as required curricula for schools for permanent color technicians, tattoo artists,
body scarifier, body brander and body piercers and shall be required to have:
1. Participation or attendance at an instructional program presented,
recognized or under the auspices of any permanently organized institution, agency or
except that self-study, participation, or attendance not covered by subsection (a) 1 above
may comprise up to two (2) hours of the total requirement.
2. Self-study, participation, or attendance not covered by subsection (a)
above may comprise up to two (2) hours of the total requirement.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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(c) Continuing education is required for annual renewal even if the license has been
inactive or suspended during that period.
(d) Licenses shall not be renewed without receipt of the required continuing
education report.
(e) Submission to the City Controller of evidence substantiating completion of self-
study by means of correspondence courses or national home study issues; review of
publications, textbooks, printed material, or audio cassette(s); viewing films, videos, or
slides, indicating type of study, description of content, date and duration in clock hours.
Self-study must relate to the subjects listed for the area of practice desired for the renewal
of a license.
(f) Submission to the City Controller of a certificate of completion or verification,
issued by the sponsoring organization or person, of attendance in a course, program,
seminar, or lecture showing the name of the sponsor, title of presentation, description of
content, name of instructor(s) or presenter(s), date, duration in hours, and any
supplemental documentation to support that sponsor and subject matter meet the
requirements and relate to the practice area covered by the license.
(g) The City Controller's office shall refer documents received under this section to
the County Health Department for a written review and recommendation.
Sec. 13-135 Mandatory Practice Standards and Restrictions-Client
Records, Pre-Service Written Information and Aftercare
Instructions.
(a) Places of Business shall keep an individual record of each client. Client records
shall include the name and address of the client, the date and duration of each service, type
of service(s), name and license number of the practitioner providing service, and special
instruction or notations relating to the client's medical or skin conditions, addressing
whether any of the following conditions have been observed or informed of:
1. Diabetes
2. Allergies
3. Cold sores or fever blisters
4. Epilepsy
5. Heart condition(s)
6. Hemophilia
7. Medication(s) which thin the blood
8. Moles or freckles at the site of service
9. Psoriasis or eczema
10. Pregnant or nursing
11. Scarring (keloid)
12.Other medical or skin condition(s)
(b) Licensees may obtain advice from licensed medical physicians regarding
medical information needed to safeguard client and the technician, artist or piercer, or
practitioner performing body branding or body branding.
(c) Records must be kept and maintained for a minimum or two (2) years on each
client.
(d) Pre-Service Written Information shall be given to the client to advise him or
her of possible reactions, side-effects and potential complications of the tattooing,
permanent color or body piercing. Such document shall be in English, however if the
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 15
client speaks and read Spanish, then in such case the document shall be provided in
Spanish.
(e) Written Aftercare Instructions must be given to each client after every service
performed on said client. Such document shall be in English, however if the client speaks
and reads Spanish, then in such case the document shall be provided in Spanish.
(f) A before and after photograph shall be taken of all clients receiving any service
regulated by this Article with said photographs being maintained with the other required
records of the client.
(g) Inks, dyes, or pigments shall be purchased from a reputable supplier or
manufacturer. Products banned or restricted by the Food and Drug Administration shall
not be used.
(h) Tattooing or permanent coloring is prohibited:
1. On a person who is inebriated or appears to be incapacitated by the use
of alcohol or drugs;
2. On a person who shows signs or intravenous drug use;
3. On a person with a sunburn or other skin disease or disorder such as
open lesions, rashes, wounds, puncture marks;
4. On a person with psoriasis or eczema; or
5. On a person under eighteen (18) years of age, regardless of parental or
guardian consent.
(i) Use of piercing guns shall be limited to piercing of the earlobe exclusively. No
other part of the body or ear shall be pierced by use of a piercing gun.
(j) Piercing is prohibited:
1. On a person who is inebriated or appears to be incapacitated by the use
of alcohol or drugs;
2. On a person who shows signs of intravenous drug use;
3. On a person with sunburn or skin diseases or disorders such as open
lesions, rashes, wounds or puncture marks;
4. On a person under eighteen (18) years of age:
i. Genital or nipple piercing is prohibited regardless of parental
consent.
ii. Written parental consent shall be required to be issued in person
to the place of business for piercing services on a minor. Photographic identification of the
parent or legal guardian is required.
(k) Use of personal client jewelry or any apparatus and device presented by the
client for use during the initial body (including ears) piercing is prohibited. Pre-sterilized
jewelry, apparatus or device(s) shall be provided by the facility and be of a metallic content
recognized as compatible with piercing services.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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(1) All premises required to be licensed under this Article must develop a written
policy in compliance with this Article and the requirements of the Indiana Occupational
Safety and Health Administration's bloodborne pathogen standard that:
1. Requires the use of universal precautions when performing any service
regulated by this Article that includes any reasonably anticipated skin, eye, mucous
membrane or parental contact with blood or OPIM;
2. Includes the safe and effective handling of infectious waste; and
3. Provides sanctions, including discipline and dismissal, if warranted, for
any employee who fails to use universal precautions and/or handle infectious waste in a
safe and effective manner.
(m) No skin area shall be penetrated, abraded, or treated with chemicals or by
lasers or similar instrumentality for the purpose of removing, camouflaging, or altering any
blemish, birthmark, scar, or tattoo.
Sec. 13-136 Premise's Safety and Sterilization Standards and
Requirements.
All premises shall meet the following criteria:
(a) All premises required to be licensed under this Article shall observe and be
subject to all health and other state regulations pertaining to public health and safety. All
facilities shall be kept clean and orderly, and equipment shall be maintained in good repair.
Compliance with building, state fire, plumbing and electoral regulations is required.
(b) The cleanliness and sanitation of any common area of separately licensed
facilities in one (1) premise is the responsibility of each license holder on that premise and
any violation found in the common area will be cited against all facility licenses posted on
the premises.
(c) All surfaces, including counters, tables, equipment, client chairs or recliners, in
treatment, sterilization and service areas shall be made of smooth, non-absorbent and non-
porous material.
(d) Facilities shall use and maintain equipment for providing body piercing services
at the place of business. Equipment includes but is not limited to:
1. Piercing gun ofnon-porous material which is able to be disinfected;
2. Single-use stainless steel needles;
3. Sterilization bags with color strip indicator;
4. Protective disposable gloves;
5. Single-use towels, tissues or paper products;
6. Sharps container; and
7. Approved equipment for cleaning and sterilizing instruments.
(e) Surfaces or blood spills shall be cleaned using an EPA-registered high-level
disinfectant.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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(f) Products and instruments are prohibited from being used in a manner that is
disapproved or not approved by the United States Food and Drug Administration.
(g) Water and plumbing requirements shall include:
1. Easy access to a sink with hot and cold running water, as part of the
premises and separate from public restrooms; and
2. Immediate water pressure of at least twenty (20) pounds of pressure per
square inch in accordance with applicable Building Code standards.
(h) Toilet facilities shall be kept clean and in good working order at all times.
(i) Use of adequate and sufficient artificial or natural lighting, providing at least ten
(10) foot candles of light at the work station or table, at all times business is being
conducted.
(j) Tattoo or permanent color services provided in a beauty facility shall be
separated by a permanent, solid barrier from hair design and nail technology services in
such a manner as to prevent contact with irritants including but not limited to hair spray and
nail dust.
(k) All facilities must comply with all applicable indoor clear air regulations.
(1) Surfaces or blood spills shall be cleaned using an EPA-registered high-level
disinfectant, used according to the manufacturer's instructions.
(m) Disposable products that come in contact with the area(s) to be pierced shall be
stored in closeable clean containers.
(n) Clean, sterilized re-usable instruments shall be stored in clean, sterilized
containers.
(o) New or disinfected piercing gun tools shall be stored separately from used or
soiled tools or instruments.
(p) Clean linens or single-use disposable paper products, and single-use piercing
piercing needles, piercing studs and protective gloves shall be used for each client.
(q) Used lines shall be disposed of or stored in a closed or covered container until
laundered.
Sec. 13-137 Sterilization Modes and Procedures.
(a) Facilities shall sterilize all piercing instruments have have or may come into
direct contact with a client's skin or be exposed to blood or body fluid.
(b) Piercing needles shall not be re-used even if cleaned and sterilized by use of an
autoclave. All piercing needles shall besingle-use.
(c) Approved modes of sterilization include:
1. Use of autoclave (steam or chemical) sterilizer, registered and listed with
the federal Food and Drug Administration, which is used, cleaned and maintained
according to the manufacturer's directions; or
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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2. Single-use prepackaged sterilized instruments obtained from suppliers or
manufacturers.
(d) Facilities using an autoclave for instrument sterilization shall test the device on a
monthly basis for functionality and thorough sterilization. Chemical and biological
indicator test results shall be available at the facility at all times for inspection by designated
City and/or County officials. Testing shall be conducted as follows:
1. Chemical indicators (color change) to assure sufficient temperature and
proper functioning of equipment during sterilization cycle; and
2. Biological monitoring system (commercial preparation of spores) to
assure all microorganisms have been destroyed and sterilization achieved.
3. Instruments approved for re-use in providing piercing services shall be
cleaned prior to sterilizing by brushing or swabbing to remove foreign material or debris,
rinsing then:
i. Immersing in detergent and water in an ultrasonic unit that
operates at 40 to 60 kilohertz, followed by a thorough rinsing and wiping; or
11. Submerging and soaking in a protein dissolving
detergent/enzyme cleaner, followed by a thorough rinsing and wiping.
4. Instruments approved for re-use in providing piercing services shall be
cleaned according to this section and placed in sterile bags, with color strip indicators, and
sterilized by exposure to one cycle of an approved sterilizer.
Sec. 13-138 Infectious Waste Containment.
(a) Contaminated disposable needles or instruments shall be stored in leak-resistant
puncture-resistant containers; tightly sealed to prevent expulsion; labeled with the biohazard
symbol; and effectively treated in accordance with this Article prior to being stored in an
unsecured area and sent for final disposal.
(b) Infectious wastes which are not contaminated sharps or objects that could
potentially become contaminated sharps shall be place in containers that meet the following
requirements:
1. Impervious to moisture.
2. Sufficient strength and thickness to prevent expulsion.
3. Secured to prevent leakage expulsion.
4. Labeled with the biohazard symbol.
5. Effectively treated in accordance with this regulation prior to being place
in an unsecured area and sent for final disposal.
(c) If infectious waste is stored prior to final disposal, all persons subject to this
rule shall store infectious waste in a secure area which:
1. Is locked or otherwise secured to eliminate access by exposure to the
general public.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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2. Affords protection from adverse environmental conditions and vermin.
3. Has a prominently displayed biohazard symbol.
(d) Infectious waste shall be stored in a manner that preserves the integrity of the
container, and is not conducive to rapid microbial growth and putrefaction.
(e) All reusable containers for infectious waste must be disinfected each time that
they are emptied, unless the surfaces of the reusable containers have been protected from
contamination by disposable liners, bags, and other devices that are removed with the
infectious waste.
Sec. 13-139 Treatment and Transport of Infectious Waste.
(a) All persons in charge of premises required to be licensed under the terms and
conditions of this Article shall ensure that infectious waste is either treated on-site in
accordance with this regulation or transported off-site for treatment in accordance with this
regulation.
(b) A treatment is effective if it reduces the pathogenic qualities of infectious waste
for safe handling, is designed for the specific waste involved, and is carried out in a
manner consistent with this regulation. Effective treatment includes:
1. Incineration in an incinerator designed to accommodate infectious waste;
2. Steam sterilization;
3. Chemical disinfecting under circumstances when safe handling of the
waste is assured;
4. Thermal inactivation;
5. Irradiation; or
6. Discharge in a sanitary sewer that is properly installed and operated in
accordance with applicable state and local regulations.
(c) All persons subject to this regulations shall:
1. Transport infectious waste in a manner that protects waste haulers,
sanitation workers, and the public from contracting a communicable disease; and
2. Effectively treat infectious waste in accordance with the regulations
contained in this Article.
(d) All operators shall ensure that infectious waste, effectively treated or not is
transported off-cite in compliance with 410 Indiana Administrative Code 1-3, as it may be
amended from time to time.
Sec. 13-140 Screened or Separate Treatment Locations.
All premises required to be licensed under this Article shall have a treatment area/
operatory which is separate, private or screened from the entrance, waiting area, and other
treatment areas.
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Sec. 13-141 Animals Prohibited in Premises/Exceptions.
(a) Pets or other animals are prohibited in all premises required to be licensed under
this Article.
(b) This prohibition shall not apply to registered therapy animals, trained guide
animals for the disabled, sightless or hearing impaired, or fish or reptiles in aquariums
which are maintained on a regular basis.
Sec. 13-142 Required Equipment, Articles and Materials.
Practicing permanent color technicians and tattoo artists shall maintain the following
equipment at the place of business where employed:
(a) Tattoo machine or hand pieces, or non-porous material which has the ability to
be sanitized;
(b) Stainless steel or carbon needles and needle bars;
(c) Tubes, stainless steel, brass, or Texan which have the ability to be sterilized;
(d) Stencils, plastic acetate or single-use disposable carbon paper,
(e) Sterilization bags with color strip indicator;
(f) Protective disposable gloves;
(g) Single-use or disposable plastic tubes, razors or straight razor;
(h) Single-use towels, tissues or paper products;
(i) Sharps container;
(j) Approved inks, dyes and pigments; and
(k) Approved equipment for cleaning and sterilizing instruments at the place of
business.
Sec. 13-143 Handwashing and Protective Glove Requirements.
(a) Prior to and immediately following administering services to a client, the hands
and nails of all practitioners and individuals being trained by a licensed permanent color
technician and tattoo artist shall be thoroughly washed in hot running water with soap and
rinsed in clear warm water.
(b) All practitioners and individuals being trained by licensed permanent color
technicians and tattoo artists shall wear protective gloves during services.
(c) Protective gloves shall be disposed of immediately following service.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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Sec. 13-144 Preparation and Aftercare of Treatment Area of Client.
(a) Permanent color technicians and tattoo artists shall cleanse the client's skin,
excluding the areas surrounding the eyes, by washing with an EPA germicidal solution
applied with a clean single-use paper product before placing the design on the client's skin
or beginning tattooing work:
1. If the area is to be shaved, the licensee shall use asingle-use disposable
safety razor or sterilized straight-edged razor, and then rewash the client's skin.
(b) Substances applied to the client's skin to transfer a design from the stencil or
paper shall be single-use.
(c) Aftercare shall be administered to each client following service with written
aftercare instructions being provided to each client.
Sec. 13-145 Linen Health and Safety Requirements.
(a) Clean linens shall be used for each client.
(b) A common towel is prohibited.
(c) Air blowers may be substituted for hand towels.
(d) Clean linens, tissues or single-use paper products shall be stored in a clean,
enclosed storage area until needed for immediate use.
(e) Used linens shall be disposed of or stored in a closed or covered container until
laundered.
(f) Used linens shall be laundered either by a regular commercial laundering or by a
noncommercial laundering process which includes immersion in water at least 160 degrees
Fahrenheit for not less than fifteen (15) minutes during the washing and rinsing operation.
Sec. 13-146 Instruments, Products and Chemical Storage Health and
Safety Requirements.
(a) Before use, disposable products that come in contact with the areas to be treated
shall be stored in clean containers that can be closed between treatments.
(b) Clean, sterilized reusable instruments that come in contact with the area to be
treated shall be stored in clean, sterilized containers.
(c) Clean, sterilized reusable transfer instruments shall be stored in a clean, dry,
sterilized container.
(d) Chemicals shall be stored in labeled, closed containers in an enclosed storage
area.
Sec. 13-147 Waste Receptacle Health and Safety Regulations.
(a) All waste material related to treatment shall be deposited in a covered container
following service for each client.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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(b) Waste disposed in reception areas and restrooms shall be limited to only
materials which are not used in providing services to the client orpractice-related.
(c) Waste disposal containers shall be kept clean.
Sec. 13-148 Ear Piercing Services -Possible Exemption.
Establishments which provided ear piercing services prior to the effective date of
this Article and those established thereafter may be exempt from these regulations so long
as the following procedures can be properly demonstrated:
(a) Only piercing guns manufactured and designed to minimize contact with the
client's skin and insert apre-packaged sterilized ear piercing study into the ear lobe
simultaneously with piercing.
(b) Only piercing guns which are made of material which is able to be disinfected
are utilized. All parts of the gun in direct contact with the client's skin must be disinfected
before and after use on a client.
(c) Only single-use prepackaged sterilized ear piercing studs are used for each
client.
Sec. 13-149 Mandatory Procedures for Body Piercing, Branding,
Scarifying, Permanent Color and Tattoo.
(a) A practitioner or any person performing any of the services regulated by this
Article is prohibited from providing any services or from working at a place of business
while having a disease or condition which has been diagnosed by a licensed medical
physician to be in a communicable or transmissible form.
(b) A practitioner or any person performing any of the services regulated by this
Article shall not diagnose or treat any suspected communicable disease or condition or
knowingly provide services on clients with communicable diseases or conditions.
(c) A practitioner or any person performing any of the services regulated by this
Article who provides services or works in a place of business while diagnosed with or
suspected of having acquired an immunodeficiency virus and related immunodeficiency
conditions or the hepatitis B virus shall observe and follow all current Center for Disease
Control (CDC) standards for public service workers regarding personal protective
equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment.
This includes practitioners, technicians and employees providing services to clients who
have been diagnosed with or are suspected of having an immunodeficiency virus, related
conditions or the hepatitis B virus.
(d) All practitioners, technicians and employees shall observe and follow thorough
had washing with soap and water or equivalent hand washing products before and after
serving each client and as needed to prevent cross contamination and/or transmission of
body fluids, infections or exposure to service related wastes or chemicals.
(e) All practitioners, technicians and employees shall cleanse the client's skin,
excluding the areas surrounding the eyes, by washing with a FDA registered antiseptic
solution applied with a clean single-use paper product before and after piercing the client's
skin.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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(f) All substances shall be dispensed from containers in a manner to prevent
contamination of the unused portion. Use of spray bottle(s) to apply liquid to skin is
acceptable. Single-use tubes or containers and applicators shall be discarded following the
service.
(g) Use of any type or marking pen must be on cleansed skin or by use of a
surgical marking pen sanitized by design, such as alcohol based ink pens.
(h) Paper stencils and skin scribes shall besingle-use and disposed of immediately
following service.
(i) Body pencils used during a tattoo service shall have the tip removed, the body
and tip pen disinfected, and the tip sharpened to remove the exposed edge.
(j) The plastic or acetate stencil used to transfer the design to the client's skin shall
be thoroughly cleansed and rinsed in an EPA-approved germicidal solution according to the
manufacturer's instructions and then dried with a clean single-use paper product.
(k) Individual portions of inks, dyes, or pigments in clean single-use containers
shall be used for each client. Any remaining unused dye or pigments shall be discarded
immediately following service.
(1) Excess ink, dye, pigment applied to the client's skin shall be removed with
clean single-use paper product obtained from aself-dispensing container.
(m) Use of styptic pencils or alum solids to check any blood flow is prohibited.
(n) Upon completion of tattooing, the skin shall be cleansed, excluding the area
surrounding the eyes, with a clean single-use paper product saturated with an EPA-
approved germicidal solution.
(o) A sanitary covering shall be placed if appropriate or over large designs and
adhered to the skin with suitable skin tape.
(p) All practitioners, technicians and employees who have open sores or bleeding
lesions on their hands shall not have client contact until the lesions have healed to the scab
phase and shall cover them with protective gloves and/or impervious bandages prior to
contact with clients.
(q) As a universal precaution against the possibility of cross-contamination, all
practitioners, technicians and employees providing services regulated by this Article shall
wear single-use disposable protective gloves and other personal protective equipment when
providing service.
(r) All practitioners, technicians and employees shall wear eye goggles, shields
and/or a mask if spattering is likely to occur while providing services.
(s) Disposable materials that come in contact with blood and/or body fluids, or
used in cleaning blood spills shall be discarded according to disposal regulations set forth
in this Article and applicable state and federal regulations to protect the practitioner, client
and others who may come into contact with the material.
(t) Aftercare shall consist of both verbal and written instructions concerning the
proper care of the tattooed or permanently colored skin, branded skin, scarified skin or
pierced area(s). Instructions shall specify:
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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1. Care following service;
2. Possible side effects; and
3. Restrictions.
(u) A practioner or any person performing any of the services regulated by this
Article is prohibited from providing any services from a motor vehicle, van or similar
mobile unit.
Sec. 13-150 Board of Works To Handle Complaints.
(a) The Board of Public Works shall receive all complaints against any person or
place of business required to be licensed for services regulated by this Article regarding the
licensing, safety, sanitation or sterilization violations.
(b) Complaints shall be made on forms provided by the City Controller's office
and shall include the following information:
1. The name, address and telephone of the person making the complaint;
2. The name of the person, place of business, license holder, etc. against
whom the complaint is being made;
3. A concise description of the charge against the person, place of
business, license holder, etc. giving date(s), time(s), and circumstances of the alleged
violation; and
4. The signature of the person making the complaint.
(c) Upon the Clerk to the Board of Public Works receiving a written complaint
regarding services performed, the Clerk shall send a copy of the complaint to the licensee
and shall be required to respond to the charges within five (5) business days.
(d) After receipt of the response to the charges, the complaint shall be set for public
hearing unless the violations of the licensing ordinance or safety or sterilization rules can be
corrected and verified to be in compliance upon inspection or investigation by the City and/
or the St. Joseph County Health Department.
(e) The City reserves the right to pursue other remedies against the alleged
violator(s) and may take other disciplinary action at its discretion when it finds and
determines that immediate action should be taken which is in the public interest.
(f) When reviewing the evidence on each complaint filed, the City shall consider the
following factors:
1. The gravity and magnitude of the alleged violation;
2. The person or place of business' previous record of compliance or of
failure to comply;
3. The person or place of business' history in taking all feasible steps or in
following all procedures necessary or appropriate to correct the alleged violation(s);
4. Other relevant data procured during inspections or investigations.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
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Sec. 13-151 Schedule of Penalties.
(a) In addition to any other penalty provided by law, such as license revocation
and/or suspension, injunctive relief, a person who violates the provisions of this Article
shall be subject to the following schedule:
1. Practicing or holding one's self out as available to practice, or using the
title of permanent color technician, tattoo artist, body piercer, body brander or body
scrafier, without first receiving a current valid license: $1,000.00.
2. Practicing or holding one's self out as available to practice, or using the
title of permanent color technician, tattoo artist, body piercer, body brander or body scrafier
with an expired or suspended license: $ 1,250.00.
3. Failing to post a current, valid license or inspection in public view:
$ 150.00
4. Failing to submit changes of required licensing information within the
time flame set in rule: $ 100.00.
5. Practicing at locations other than place of business designated:
$ 500.00.
6. Using a reproduction of a license or inspection in place of the original:
$ 100.00.
7. Failure to permit inspection of premises:
$ 1,000.00.
8. Failing to meet the facility standards:
$ 500.00.
9. Failure to comply with the Indoor Clean Air regulations:
$ 250.00.
10. Failure to provide a private or separate treatment area for clients:
$ 150.00.
11. Noncompliance with animal regulations:
$ 150.00.
12. Failure to maintain the required equipment or have chemical indicators
at the facility: $ 500.00.
13. Failure to use chemical and biological indicators as required to ensure
proper sterilization: $ 500.00.
14. Failure to use sterilized instruments using an approved mode:
$ 2,500.00.
15. Failure to meet sterilization standards:
$ 1,500.00.
16. Failure to clean instruments prior to sterilization:
$ 1,500.00.
Ordinance Addressing Tattoo, Body Piercing, Scarifying & Branding Establishments and Personnel
Page 26
17. Failure to wash hands before and after treatment and/or wear protective
gloves: $ 750.00.
18. Failure to prepare treatment area on a client in accordance with
applicable health and safety standards:
$ 500.00.
19. Failure to meet cleanliness and/or storage standards for linens:
$ 500.00.
20. Failure to meet storage requirements for instruments, products or
chemicals: $ 500.00.
21. Failure to dispose of materials with blood or body fluids in sealable,
and if sharp, rigid container, or having containers available:
$ 1,500.00.
22. Failure to have required coved waste receptacle:
$ 250.00.
23. Performing a restricted treatment(s):
$ 1,000.00.
24. Failure to have and maintain client history records:
$ 1,000.00.
(b) Every day any violation of this Article or any rule or regulation referenced
herein shall continue shall constitute a separate offense.
Sec. 13-152 Severability.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason declared to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining portions of this ordinance.
n I . The City of South Bend and St. Joseph County shall enter into an
appropriate Interlocal Agreement as permitted pursuant to Indiana Code § 36-1-7-1, et
seq., with regard to the division of fees for required services of the County Health
Department required by this Ordinance.
Section III. This Ordinance shall be in full force and effect from and after its
passage by the Common Council, approval by the Mayor, and legal publication.with an
effective date of January 1, 1999.
~~~,~.
Member of the Common Council
1st READING 7- ~7- / 0
PUBLIC HEARING ~~~/~-9
3 rd READWG /Q-/~-q$
NOT APPROVED
F,EFERRED
PASSED ~D-/~-9~ ~'~ H/YI~D
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COMMITTEE REPORT
TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
58-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 13 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE
INCLUSION OF NEW ARTICLE 11 ENTITLED REGULATIONS
ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND
BRANDING ESTABLISHMENTS AND PERSONNEL
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably, as amended. (See October 12, 1998
Memorandum to South Bend Common Council explaining amendments).
John Broden
Chairman