Cathedral City Municipal Code Ch. 5.34 Body Art Facilities

Note: Prior ordinance history: Ords. 420, 506 and 676.

A. The following words and phrases shall have the same meanings as set forth at Health and Safety Code Section 119300, as the same may be amended from time to time:

"Body piercing"

means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not include piercing an earlobe ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

"Permanent cosmetics"

means the application of pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color.

"Tattooing"

means the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.

B. Other Defined Terms.

"Body art"

means body piercing, tattooing, or application of permanent cosmetics.

"Body art facility"

means the specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the cleaning and sterilization area. "Body art facility" does not include a facility that only pierces the earlobe ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

"Extreme body modification"

as used in this chapter means the practice of modifying the physical body using the techniques of branding and scarification. "Branding" means any method, including the use of heat, cold, chemical compound, or cauterizing to apply a scar to the body for the purpose of creating a permanent mark or design on the skin. "Scarification" means any method used to alter skin texture by cutting the skin and controlling the body's healing process in order to produce wounds, which result in permanently raised welts or bumps, or any other technique that changes the contour, or level plane of the skin and results in a scar on the skin.

"Tattoo establishments"

means the specified building, section of a building, or vehicle in which a practitioner performs tattooing.

(Ord. 682 § 1, 2009)

It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises or vehicle within the city, the business of a tattooing establishment without prior approval of a conditional use permit per the provisions of the city's zoning ordinance.

(Ord. 682 § 1, 2009)

A. It is unlawful for a body art facility to perform extreme body modification services within the city.

B. It is unlawful for any person to perform extreme body modification services upon the person of another within the city.

(Ord. 682 § 1, 2009)

A. A violation of Section 5.34.010 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.90.

B. A violation of Section 5.34.020 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be a chargeable offense under Section 13.80.245 of this code.

(Ord. 682 § 1, 2009)

A violation of Sections 5.34.010 and/or 5.34.020 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a misdemeanor violation which shall be subject to the provisions set forth in Chapter 13.70, including but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 682 § 1, 2009)

Any person convicted of an infraction or a misdemeanor violation under this chapter shall, for each separate violation of the provisions of this chapter, be subject to: (1) a fine in an amount not to exceed two hundred fifty dollars for the first conviction of an offense; (2) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 682 § 1, 2009)

In lieu of issuing an infraction or misdemeanor citation, the city may issue an administrative citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Sections 5.34.010 and/or 5.34.020 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation upon the occurrence of the same offense on a separate day.

(Ord. 682 § 1, 2009)

Note: Former § 5.34.070, Administrative fine, adopted by Ord. 682 was repealed by Ord. 892, 10/22/2025.

A violation of Section 5.34.010 and/or 5.34.020 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said city permit and/or city license pursuant to the provisions set forth in Chapter 13.150.

(Ord. 682 § 1, 2009)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 682 § 1, 2009)