Manhattan Beach Municipal Code Ch. 5.44 Health and Safety Code

Pursuant to the provisions of Section 50022.1 to 50022.10, inclusive, of the Government Code of the State and subject to the particular additions, amendments, and deletions set forth in this chapter, the rules, regulations, provisions, and conditions set forth in those certain Codes entitled Title 11 of The Los Angeles County Code as reflected in all County ordinances up to and including Ordinance 97-0071 and those sections of Division 1 of Title 8 added by Ordinance No. 97-0071, including the appendices and tables therein contained, one (1) full printed copy of which, printed as a Code in book form, was by the Council ordered filed and which has been actually filed in the office of the City Clerk, expressly incorporated herein and made part hereof as fully and for all intents and purposes as though set forth herein at length, are hereby established and adopted as the rules, regulations, standards, provisions, and conditions to be observed and followed for the protection of public health and matters incidental thereto, subject to the additions, amendments, and deletions set forth in this chapter, said Code with its appendices and tables, containing said rules, regulations, standards, provisions, and conditions, is hereby established and adopted, and the same shall be designated, known, and referred to as the "Health and Safety Code" of and for the City.

(Ord. No. 1852, Rep&ReEn, 06/04/92, as amended by § 2, Ord. 1985, eff. October 15, 1998)

A. Chapter 11.36 (Body Art) of Title 11 (Health and Safety) of the Los Angeles County Code as amended herein, and in effect on October 18, 2011, is hereby adopted by reference, and shall constitute and may be cited as the Body Art Regulations of the City of Manhattan Beach.

B. A copy of Chapter 11.36 of the Los Angeles County Code shall be maintained in the office of the City Clerk and shall be made available for public inspection while the body art regulations are in effect.

C. Notwithstanding the provisions of Section 5.44.015(A), Section 11.36.240 (Mobile body art establishment) and Section 11.36.310 (Temporary body art establishment) of Chapter 11.36 are hereby deleted.

D. Notwithstanding the provisions of Section 5.44.015(A), the definition set forth in Section 11.36.050 (Body Art) of Chapter 11.36 is hereby amended to read as follows:

11.36.050. "Body Art" shall mean any activity or combination of activities defined herein as tattooing and/or body piercing. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, which constitutes the practice of medicine requiring license as a physician and a business operated as a medical clinic.

E. Notwithstanding the provisions of Section 5.44.015(A), the definition set forth in Section 11.36.070 (Body Art Establishment) of Chapter 11.36 is hereby amended to read as follows:

11.36.070. "Body Art Studio" means a business located on a permanent premises or facility used or operated in whole or in part as a tattoo or body piercing studio. This use excludes "body piercing, incidental," as defined in this Section 10.04.030 of the Manhattan Beach Municipal Code.

F. Notwithstanding the provisions of Section 5.44.015(A), the definition set forth in Section 11.36.110 (Body Piercing) of Chapter 11.36 is hereby amended to read as follows:

11.36.110. " Body Piercing" means the penetration of the skin to make, generally permanent in nature, a hole, mark, or scar.

G. Notwithstanding the provisions of Section 5.44.015(A), the definition set forth in Section 11.36.300 (Tattoo) of Chapter 11.36 is hereby amended to read as follows:

11.36.300. "Tattoo" means an art form in which pigments are inserted 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. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other retail or service establishment.

H. Notwithstanding the provisions of Section 5.44.015(A), Chapter 11.36 is hereby amended by repealing in its entirety Part 3 (Mobile Body Art Establishments) and Part 4 (Temporary Body Art Establishments) thereof.

I. Wherever the words "body art establishment" appears in said Chapter 11.36, it shall be interpreted and deemed to mean "body art studio" as defined in Section 11.36.070.

(§ 2, Ord. 2154, eff. February 17, 2012)

The following rules shall govern the interpretation of said Health and Safety Code:

A. Whenever the word "County," or any abbreviation thereof, appears in said Health and Safety Code, it shall be interpreted and deemed to mean the word "City."

B. Whenever the words "Los Angeles," or any abbreviation thereof, appear in said Health and Safety Code, they shall be interpreted and deemed to mean the words "Manhattan Beach."

C. Whenever there is a conflict between any of the provisions of said Health and Safety Code and other sections of the Manhattan Beach Municipal Code or other Ordinances of this City heretofore or hereafter adopted relating specifically to the same subject matter, the latter shall prevail.

D. The definition or regulation of any activity, condition or structure in said Health and Safety Code shall not be interpreted or deemed to permit or allow the conduct of any such activity or the construction or maintenance of any such condition or structure as may be otherwise prohibited or restricted by any other sections of the Manhattan Beach Municipal Code or other ordinances of this City heretofore or hereafter adopted.

(Ord. No. 1852, Rep&ReEn, 06/04/92)

Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Manhattan Beach shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Manhattan Beach shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Manhattan Beach is committed, continued, or permitted by any such person, and he shall be punished accordingly.

(Ord. No. 1852, Rep&ReEn, 06/04/92)

Repealed, § 1, Ord. 1817, eff. March 22, 1990