HomeMy WebLinkAbout2003-017 Prohibited body piercing of minors ORDINANCE NO 2003- 17
AN ORDINANCE relating to licenses and business regulations, prohibiting body
piercing on the person of minors under the age of eighteen without
specific consent of the minor's parent or guardian, and amending
Sections 5 76 010 and 5 76 025 of the City of Yakima Municipal
Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Sections 5 76 010 and 5 76 025 of the City of Yakima Municipal
Code are hereby amended to read as follows
"5 76 010 Definitions
As used in this chapter, unless the context or subject plainly requires otherwise,
the following words, terms, and phrases shall have the following meanings ascribed to
them
(1) "Tattoo" means any method of placing permanent designs, letters, scrolls, figures,
symbols or any other marks into or under the skin with ink or dye colors, by the aid of
needles or instruments, leaving a visible scar on the skin
(2) "Body piercing" means to puncture any part of the skin or body tissue of a person
with insertion of or to facilitate insertion of jewelry or ornaments which leaves a
permanent or temporary perforation or hole in the skin or tissue of the person.
(23) "Person or entity" includes any individual, firm, partnership, trust, joint venture,
association or corporation owning and /or operating a tattooing and /or body piercing
business as herein defined
(34) "Tattoo business" and /or "body piercing business" means any person or entity
who provides, attempts to provide, sells and /or attempts to sell tattooing and /or body
piercing services
5 76 025 Age restrictions
(1) Every person who applies a tattoo to any minor under the age of eighteen is
guilty of a misdemeanor It is not a defense to a violation of this section that the person
applying the tattoo did not know the minor's age, unless the person applying the tattoo
establishes by a preponderance of the evidence that he or she made a reasonable,
bona fide attempt to ascertain the true age of the minor by requiring production of a
driver's license or other picture identification card or paper and did not rely solely on the
oral allegations or apparent age of the minor
For the purposes of this section, "tattoo" includes any permanent marking or
scar on the skin Medical procedures performed by a licensed physician are exempted
from this section
(2) Every person who pierces the ear or ears or other part or parts of the body of
any minor under the age of eighteen without the personal or written consent of the
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minor's parent or legal guardian is guilty of a misdemeanor. It is not a defense to a
violation of this section that the person performing the body piercing did not know the
minor's age, unless the person performing the piercing establishes by a preponderance
of the evidence that he or she made a reasonable, bona fide attempt to ascertain the
true age of the minor by requiring production of a driver's license or other picture
identification card or paper and did not rely solely on the oral allegations or apparent
age of the minor, or in the case of purported consent, that a reasonable bona fide
attempt was made to determine the identity of the parent or guardian and to ascertain
the legitimacy of the consent.
Medical procedures performed by a licensed physician are exempted from this
section."
Section 2 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 18th day of
March ,2003
de-t°
ATTEST M� 'lace, Mayor
City Clerk
Publication Date 3 -21 -2003
Effective Date 4 -20 -2003
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No -
For Meeting of 3- I - 0 3
ITEM TITLE: An ordinance relating to licenses and business regulations, prohibiting
piercing on the person of minors under the age of eighteen without personal or written
consent of the minor's parent or guardian, and amending Sections 5 76 010 and 5 76 025
of the City of Yakima Municipal Code
SUBMITTED BY Jeffrey R. Cutter, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter, (509) 575 -6033
SUMMARY EXPLANATION: The attached ordinance amends Sections 5 76 010
and 5 76 025 of the City of Yakima Municipal Code to prohibit body piercing of minors
under age eighteen without personal or written consent of the minor's parent or guardian
The amendments have been proposed at the request of Mayor Place and Council
member Bernie Sims The proposed amendments are modeled after a similar ordinance
currently in effect in the City of Lakewood, Washington There are no costs foreseen
from the enactment of the proposed amendments
Resolution Ordinance X Contract Other(Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL _.� —rte
Ci y T anager
STAFF RECOMMENDATION: Council Policy Issue
BOARD /COMMISSION RECOMMENDATION.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2003 -17
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