County Commissioner Ordinance - November 2012 201200006509 .
Li led .for Record in
GIBSON COUNTY, INDIANA
.DEBBIE S UETHINGTON, RECORDER
12-18-2012 At 02:11:30 am.
COUNTY ORD .00
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GIBSON COUNTY COMMISSIONERS
ORDINANCE NO. 2012-9
AN ORDINANCE ESTABLISHING MINIMUM
STANDARDS FOR TATTOO PARLORS AND
BODY PIERCING FACILITIES FOR GIBSON COUNTY-, INDIANA
WHEREAS, Citizens of Gibson County Commissioners believe that
it is reasonable to regulate tattoo and body piercing facilities in
Gibson County, Indiana, and;
WHEREAS, Gibson County Commissioners are empowered to protect
the health and safety of the citizens of Gibson County, Indiana,
and;
WHEREAS, Gibson County Health Department shall inspect and
oversee the operations of tattoo or body piercing business, and;
WHEREAS, Indiana Code 16-19-3-4 . 1 et seq. adopted reasonable
rules to regulate sanitary operation of tattoo and body piercing
facilities, and;
NOW THEREFORE, BE IT RESOLVED THAT THE FOLLOWING ORDINANCE BE
ADOPTED AS FOLLOWS :
SECTION 1: Tattoo parlors and body piercing facilities
shall be operated in accordance with this ordinance and the
provisions of 410 IAC 1-5 et . seq. and I . C. 16-19-3-4 . 1 st . seq. or
any successor provisions, and as the same is amended hereafter.
SECTION 2 : All tattoo parlors and/or body piercing
facilities shall have handwashing facilities in each tattooing
and/or body piercing station. Each hand-washing facility shall
have a hand-washing sink supplied with hot and cold running water
from an approved water source , soap and single use towels . The
sink shall be separate from the public restroom facilities .
SECTION 3 : All tattoo parlors and/or body piercing
facilities, shall be well ventilated and provided with an
artificial light source equivalent to at least twenty (20) foot
candles three (3 ) feet off the floor, except that at least one
hundred (100) foot candles shall be provided at the level where the
tattooing or body piercing is being performed and where instruments
and sharps are assembled.
SECTION 4 : Operators shall keep disinfection and
sterilization equipment in an area that is not accessible to the
public .
SECTION 5 : Operators shall have all disinfection and
sterilization equipment tested by an approved, independent
laboratory on a monthly basis . Operators shall provide test
results to the Health Officer on a monthly basis . Operators are
subject to a fifty dollar ($50 . 00) fine if the Health Officer does
not receive test results by the 21st day of the month.
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SECTION 6 : Operators shall maintain a copy of photo
identification of each patron with age identification for two (2)
years .
SECTION 7 : Operators shall require all tattoo artists
and/or body piercers to show proof of having received the hepatitis
B vaccination or proof of having declined said vaccination by
signing a waiver.
SECTION 8 : LICENSE AND LICENSE FEES
(a) No person may operate a tattoo parlor and/or body
piercing facility without obtaining a license from the
Gibson County Health Department . Such license shall be
posted in a conspicuous place at the facility. The
license shall begin January 1 and expire December 31 of
each year and shall be renewed annually;
(b) The license fee and fees described below shall be due
annually. The license fee shall be one hundred and fifty
dollars ($150 . 00) annually. The license fee for a
facility not open in the previous licensing year, filing
after January 1 shall be one hundred and fifty dollars
($150 . 00) ;
In addition to the annual fee, the following fees shall
apply as follows :
(1) Artist yearly fee of $75 . 00 ;
(2) Piercing yearly fee $25 . 00 ;
(3 ) Guest Artist seven (7) day fee $50 . 00 ;
(4 ) Special Event Fee seven (7 ) day fee $100 . 00 .
(c) Renewal fee of one hundred dollars ($100 . 00) shall be
imposed for license renewal fees submitted after July
1 ;
(d) Facilities that open without first obtaining a license
are subject to a doubling of the annual license fee;
(e) Temporary or mobile tattoo parlors and/or body piercing
facilities shall be prohibited from obtaining a license .
Persons violating this section of the ordinance are
subject to a Five Hundred Dollar ($500 . 00) fine;
(f) No license issued under this article may be transferred
to another person or another location. No refund will
be granted for any unexpired period of the license;
(g) In the event that an establishment is cited for a
violation of a specific item as specified in 410 IAC 1-5
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and/or, this ordinance, or any successor provisions, and
as amended hereafter; the establishment is subject to a
fine of one hundred dollars ($100 . 00) .
SECTION 9 : CLOSURE OF TATTOO PARLORS AND BODY PIERCING_
FACILITIES :
Tattoo parlors and body piercing facilities may be closed by
a County Health Officer when any of the following occur :
(a) Untimely reporting of test results ;
(b) Proper hand-washing sink not provided at each station;
(c) Conditions that present an imminent threat to public
health or transmission of communicable disease;
(d) Three (3) or more occurrences of the conditions described
in this ordinance, including the requirements of IAC
410 1-5 , within a twelve ( 12) month period.
The Health Officer may post a sign notifying the public that
the facility has been closed. It is a violation of this ordinance
for any person other than the Health Officer to remove this sign .
SECTION 10 : WRITTEN POLICY.
The operator of a tattoo parlor shall develop a written policy
in compliance with the requirements of IAC 410 1-5 and the Indiana
occupational safety and health administration ' s bloodborne pathogen
standard (as found in 29 CFR 1910 . 1030) . Said policy shall be
reviewed annually by the owner and shall be available for
inspection by the Health Officer .
SECTION 11 : ATTORNEYS FEES AND COST OF ENFORCEMENT.
Any and all attorneys fees or other costs expended by the
Gibson County Health Department for the enforcement of this
ordinance or the collection of fees and fines relative thereto, in
administrative hearings, in court, or otherwise, as against
violators of this ordinance, shall be payable by said violators and
shall be collectable by the Gibson County Health Department in
court, if necessary.
SECTION 12 : This Ordinance shall be effective the IST day
of 7AN■ Aa4' , 2013 .
PASSED AND ADOPTED THIS 2D" DAY OF Nou e-nA.3 EvC , 2012 .
GIBSO�N COUNTY COMMISSIONERS
GERALD BLEDSOE, PRESIDENT
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PASSED AND ADOPTED THIS /8tk DAY OF DE-cerA S tie , 2012.
GIBSON COUNTY COUNCIL
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Jeremy 0 - . •, Preside J" ;'>Smith, VP
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D. Craig Pflug. Me, ber i William McConne I. i e •er
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Ton},Woi : ember William George, Member
' Ge• •- �nbrand. Member ' ATTEST: C.T. Mo • . very, Audito