712.01 Purpose, findings and intent.
712.02 Definitions.
712.03 General requirements for tattooing and body piercing businesses.
712.04 General prohibitions.
712.05 Prohibition of branding or scarification.
712.06 Where and how permitted and prohibited.
712.07 Record keeping.
712.08 Revocation of certificate of use.
712.99 Penalty.
The purpose of this chapter is to regulate tattooing and body piercing businesses and prohibit branding and scarification in order to protect the general health, safety and welfare of the citizens of the City of Fairborn. In addition, City Council finds that:
(a) The experience of other cities indicates that there is a connection between tattooing and body piercing businesses and the threat of AIDS/HIV and hepatitis contamination through shared needles and other aspects of tattooing and body piercing processes.
(b) Stringent regulations governing tattooing and body piercing can minimize the AIDS/HIV and hepatitis risk, and therefore protect the general health, safety, and welfare of the community.
(c) It is not the intent to prohibit tattoo and/or body piercing businesses from locating in the City.
(Ord. 9-07. Passed 2-19-07.)
(Ord. 9-07. Passed 2-19-07.)
(a) “Body piercing” means the piercing of any part of the body by someone other than a physician licensed under Ohio R.C. Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun.
(b) “Body piercing operator” means any person other than a physician licensed under Ohio R.C. Chapter 4731 who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes, except ear piercing performed on the ear with an ear piercing gun.
(c) “Business” means an entity that provides services for compensation.
(d) “Branding” means the non-medical burning of a mark or marks on or into the flesh of a human being by someone other than a physician licensed under Ohio R.C. Chapter 4731, by the use of a hot iron, hot rod or other such instrument.
(e) “Ear piercing gun” means a mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.
(f) “Person” means any person, firm, corporation, partnership, association or agent thereof.
(g) “Scarification” means the non-medical making of an incision or slit on or into the flesh of a human being by someone other than a physician licensed under Ohio R.C. Chapter 4731, for the purpose of leaving a scar or other like mark on the flesh following the healing of such incision or slit.
(h) “Tattoo,” “tattooed” or “tattooing” means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.
(i) “Tattoo operator” or “tattoo artist” means any person who places a tattoo on another person either for free or for a consideration.
(Ord. 9-07. Passed 2-19-07.)
(a) No person shall control, operate, conduct or manage any tattoo business or body piercing business, whether to not actually performing the work of tattooing or body piercing, without first obtaining approval from the Greene County Health Department in accordance with Ohio Revised Code Chapter 3730.
(b) Every tattoo business or body piercing business shall contain not less than 150 square feet of usable floor space. If more than one operator or artist is engaged in the tattooing or body piercing profession in the same operation, there shall be a minimum of 100 square feet of floor space for each operator or artist.
(c) Every tattoo artist, tattoo operator and body piercing operator shall at all times comply with the following requirements:
(1) All tattooing related procedures and body piercing procedures shall be performed in a clean, safe and sanitary manner as required by the Greene County Health Department so as to minimize the potential of disease transmission.
(2) All areas of a tattoo business and a body piercing business shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations and codes of the Greene County Health Department and State of Ohio.
(Ord. 9-07. Passed 2-19-07.)
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