Chapter 16.098 — BODY ART

It is the intent of this chapter to prevent public health risks and potential secondary effects that could result from body art activities, a collective term for any single activity or combination of activities defined as tattooing, body piercing, or permanent cosmetics. The City Council finds that body art activities involve invasive procedures that present a risk of transmitting to clients and employees blood-borne pathogens for serious infections unless stringent sanitary protocols followed. The City Council also finds that the presence of body art establishments in areas frequented by families and young children, in close proximity to sensitive uses, and in close proximity to other body art uses, and late night activities at body art establishments, could have adverse secondary impacts to the community. These types of activities could cause parents to keep their children away from areas with such uses, residents to shop elsewhere, and businesses to move to alternative areas, and could result in late night activities inconsistent with the character of the community. It is, therefore, the intent of this chapter to establish reasonable and uniform regulations to reduce public health risks, to prevent the close proximity of body art activities to incompatible uses and the concentration of body art activities in close proximity to each other, and to restrict the hours of operations for body art establishments as appropriate to maintain the existing residential and educational character of the community. (11-06)

The terms and phrases used in this chapter shall have the same meaning as defined in Chapter 8.02 (City's Public Health Code). (11-06)

No body art activity or use shall be established, undertaken, continued, maintained, enlarged or altered, and no body art establishment shall be constructed or moved into within the City of Claremont without first complying with all requirements of Claremont Municipal Code Chapter 8.02 (City's Public Health Code). All owners and operators of body art establishments and persons conducting body art shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Health.

(11-06)

In addition to complying with the requirements of Municipal Code Chapter 8.02 , body art activities, uses and establishments shall comply with all applicable development standards and regulations of this title, including, but not limited to, standards and regulations pertaining to business location, building setbacks, height and size, architectural review, parking, landscaping, and signs.

(11-06)

• A. No body art establishment shall be established or located in any zoning district or area of the City other than those districts in which body art is listed as a permitted use in Table 16.051.A in Chapter 16.051 .

• B. No body art establishment shall be located within 200 feet from any existing residential district or use, public park, religious institution, or educational institution for minors, whether public or private, from the primary entrance of the body art establishment to the property line of such district or use, public park, religious institution and educational institution.

• C. No body art establishment shall be established or located within 250 feet of any other existing body art establishments, whether in the City, in an adjoining city, or within an unincorporated area, as measured from the closest points of the interior tenant walls of each establishment. When two or more applications are submitted for establishments with locations within 250 feet of each other, the application which was accepted first in time shall be processed by the City, with any later submitted applications deemed nonconforming until such time a determination is made by the City on the initial application.

• D. All distances set forth above shall be measured in a straight line, without regard to boundaries of the City and intervening structures.

(11-06)

A body art establishment shall be open or operating for business only between the hours of 8:00 a.m. and 10:00 p.m. on any particular day.

(11-06)

The following are exempt from the body art registration and permitting requirements of the County pursuant to County Health Code Section 11.36.470 and are not subject to the provisions of this chapter:

• A. A physician licensed by the State of California who uses body art activities as part of patient treatment; and

• B. A person who exclusively engages in the piercing of the leading edge or earlobe of the ear, provided he or she does the following:

  1. Performs the procedure through the use of an approved ear perforating mechanical device to force the singe-use stud or single-use needle through the tissue of the ear; and

  2. Utilizes a sterile, disposable, single-use stud or single-use solid needle.

(11-06)

No temporary or mobile body art establishment or event is permitted within the City. (11-06)