HomeMy WebLinkAbout2001-1-63102
ORDINANCE NO. 2001-1- 60/0
AN ORDINANCE ESTABLISHING REGULATIONS FOR THE OPERATION OF BODY ART
ESTABLISHMENTS WITHIN THE CITY OF PADUCAH
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 1, Legislative Findings and Intent, is hereby created and ordained to
hereinafter read as follows:
"Legislative Findings and Intent.
(1) The Council finds that there is sufficient information to believe that injuries, infections and
occasional disease may occur as the result of body art. In order to protect th� health and welfare of minors, the
regulation of body art establishments, operators, and artists is required.
(2) The Council finds that residents desire regulation of body art establishments and that such
regulation is required for the health and safety of minors.
(3) The Council is concerned with health and safety dangers posed by the unsafe practices that
could be employed by some body art establishments and operators."
follows:
"Definitions.
SECTION 2. That Section 2, Definitions, is hereby created and ordained to hereinafter read as
(1) "Minor" shall mean any person under the age of eighteen (18) years.
(2) 'Body art" shall mean the practice of physical body adornment by any method including but
not limited to the following: Body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition
does not include practices that are considered medical procedures by a state medical board, such as implants under
the skin.
(3) "Body piercing' shall mean any method of piercing the skin or mucosa, other than ear
piercing, in order to place any object including, but not limited to, rings, studs, bars or other forms of jewelry
through the skin or mucosa.
(4) "Tattooing' shall mean any method of placing ink or other pigment into or under the skin or
mucosa by the aid of needles or any other instruments used to puncture the skin, resulting in permanent coloration of
the skin or mucosa.
(5) "Cosmetic tattooing' shall mean the practice of depositing pigment into the epidermis,
utilizing needles, which is either permanent, semipermanent or temporary by someone other than a state licensed
physician. Cosmetic tattooing shall also include permanent cosmetics, dermography, micro pigmentation,
permanent color technology and micro pigment implantation.
(6) "Artist" means any person who engages in the business of body art.
(7) "Operator" means any individual, firm, corporation, association, or other entity who owns,
controls, operates, conducts or manages an establishment where tattooing or body piercing is performed.
(8) 'Establishment" shall mean any room or space where body art is practiced or where the
business of body art is conducted or any part thereof."
SECTION 3. That Section 3, Operation Procedures for Establishments and Artists, is hereby
created and ordained to hereinafter read as follows:
" Operation Procedures for Establishments and Artists.
(1) Ear piercing guns may not be used for body piercing but may only be used for piercing of the
earlobes.
(2) Branding shall be prohibited unless performed by a physician licensed to practice medicine in
the Commonwealth of Kentucky. Body piercing below the waist shall be prohibited unless performed by a
physician licensed to practice medicine in the Commonwealth of Kentucky.
(3) Records.
(a) For each patron, proper records of body art administered shall be maintained by the
establishment.
follows:
(b) Records of each patron shall be prepared prior to any procedure being performed as specified
in paragraph (4) of this section.
(c) Records shall be entered in ink or indelible pencil, and shall be available at a reasonable time
for examination by the Paducah Police Department. The signature of the patron shall be
on the record.
(d) Before body art administration, there shall be a discussion conducted with the patron on the
risks involved in the body art requested, and its possible complications, which shall be
entered in the record.
(e) Records required by this ordinance shall be kept on file for five (5) years by the establishment
in which the body art was performed.
(4) Consent.
(a) Each person wishing to be adorned by body art must fill out an application which will include
the name, age, date of birth, address, telephone number, and signature of the client as
well as the date the body art was performed, the design and location(s) of the body art,
and the name of the artist who performed the work. The operator or artist shall verify
applicable information from a valid photo ID of the applicant, and that verification shall
be so noted on the application.
(b) No artist shall perform any body art upon a person under the age of 18 years without the signed
consent of a parent or legal guardian. Valid photographic identification shall be required
of both the parent or guardian and of the minor.
(c) The parent or legal guardian does not have to stay at the establishment during the entire body
art procedure. If the parent or legal guardian does not stay at the establishment during the
entire procedure, the parent or legal guardian must provide written and notarized consent
to the speck procedure(s) to the establishment prior to the procedure(s). The written
and notarized consent shall be personally delivered to the establishment by the parent or
legal guardian. Nothing in this section is intended to require an artist or operator to
perform any body art on a person under 18 years of age with parental or guardian
consent.
(d) Records of the written consents shall be kept on file for five (5) years by the establishment in
which the body art was performed.
(e) The person receiving the tattoo shall attest to the fact that they are not intoxicated or under the
influence of drugs or alcohol. Operators and artists shall refuse service to any person
who, in the opinion of a reasonable objective observer, is under the influence of alcohol
or drugs.
(5) No artist shall be under the influence of drugs or alcohol while performing body art."
SECTION 4. That Section 4, Penalties, is hereby created and ordained to hereinafter read as
K Penalties. A first violation of this ordinance shall be considered a violation, punishable by a
fine of not less than $100 nor more than $500. Whoever violates this provision a second or subsequent time shall be
guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not less than $250 nor more than $500, or
imprisonment for not more than 90 days, or both, for each offense."
SECTION 5. Severability. If any section, paragraph, sentence, clause, word or phrase of this
Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision
shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 6. This ordinance shall be read on two separate days and and will become effective
upon summary publication pursuant to KRS Chapter 424.
AT T:
Lenitd Smith, City Clerk
Introduced by the Board of Commissioners pecember 12, 2000
Adopted by the Board of Commissioners ZZ.
Recorded by Lenita Smith, City Clerk, o;taQ/
Published by The Paducah Sun, CA AY"
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