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HomeMy WebLinkAbout2000-043 Tattoo Age Restrictions F7 ORDINANCE NO. 2000 -43 AN ORDINANCE relating to Licenses and Business Regulations; and;. amending section 5.76.025 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.76.025 of the city of Yakima Municipal Code is • hereby amended to read as follows: "5.76.025 Age restrictions. cixtcen years; or any person under thc agc of eighteen years without thc prior written consent of her /his parent or legal guardian, and such written consent has any doubt about such agc, thc operator must obtain proof thereof before any . __ . . . - - -- --. 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 coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. 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 of September , 2000 /Z.{ Mary Place, Mayor ATTEST: By City Clerk . Publication Date: 9 -22 -2000 Effective Date: 10-22 -2000 Jw.ord. minor tattoo BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * /6 For Meeting Of September 19, 2000 ITEM TITLE: An ordinance relating to Licenses and Business Regulations; prohibiting tattooing persons under the age of eighteen, and; amending section 5.76.025 of the City of Yakima Municipal Code. SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney CONTACT PERSON /TELEPHONE: Jeff B. West, 575 -6033 SUMMARY EXPLANATION: Under RCW 35.22.280 the City must impose the same penalties as the State for the same crime. The State has prohibited tattooing of persons under the age of 18, and made violations a misdemeanor. RCW 39.34.180 requires the City of Yakima to pay for the prosecution, adjudication, sentencing and incarceration of all misdemeanor and gross misdemeanors that arise within the City of Yakima. In order to avoid paying Yakima County to prosecute misdemeanor violations arising in the City of Yakima, a full range of misdemeanor and gross misdemeanor criminal ordinances must be incorporated into the Yakima Municipal Code. These changes should result in minimal fiscal impact for court, prosecution, and police services. Resolution Ordinance X Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: C Manager STAFF RECOMMENDATION: Pass Ordinance BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Following Jennifer Rosal's presentation, Council decided to research licensing regulations and other standards for health and safety. Ordinance passed. ORDINANCE NO. 2000-43 Jw minor tattoo