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HomeMy WebLinkAboutOrd 4884 08/19/1997 ORDINANCE NO. 4884 AN ORDINANCE AMENDING CHAPTER 19 OF THE VILLAGE CODE BY ESTABLISHING ARTICLE VII ENTITLED 'TATTOO PARLORS' Passed and approved by the President and Board of Trustees the 19th day of Au.qust, 1997 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 19th day of Au.aust, 1997. BH/caf 8/12/97 ORDINANCE NO. 4884 AN ORDINANCE AMENDING CHAPTER 19 OF THE VILLAGE CODE BY ESTABLISHING ARTICLE VII ENTITLED "TATTOO PARLORS" WHEREAS, tattoo parlors and the application of tattoos in the incorporated areas of the Village of Mount Prospect require special supervision from public safety and health agencies of the Village and the County in order to protect and preserve the health, safety and welfare of the patrons of such businesses as well as citizens of the Village; and WHEREAS, concern over disease transmitted by the process of tattooing, including HIV/AIDS, is a legitimate health concern of the Village which demands reasonable regulation of tattoo parlors and tattoo artists in order to protect the health and well being of all citizens; and WHEREAS, the President and Board of Trustees desire to minimize and control the spread of disease and the existence of unsanitary conditions which contribute to the spread of disease; and WHEREAS, the preambles and all findings and other matters set forth in this Ordinance are incorporated completely by reference, it is further declared that the purpose and intent of this Ordinance is to regulate tattoo parlors and tattoo artists in order to serve and protect the health, safety and welfare of the citizens of the Village of Mount Prospect. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 19 (Health Regulations) of the Village Code of Mount Prospect, as amended, is hereby further amended by creating Article VII entitled "Tattoo Parlors and Tattoo Artists"; so that hereafter Article VII of Chapter 19 of the Village Code shall be and read as follows: "ARTICLE VII TATTOO PARLORS AND TATTOO ARTISTS Section: 19.701. Purpose 19.702. Definitions 19.703. Requirements 19.704. Penalties and Additional Legal, Equitable and Injunctive Relief 19.705. Severability Sec. t9.701. Purpose. In order to serve and protect the health, safety and welfare of the citizens of the Village of Mount Prospect, regulations are hereby established relative to tattoo parlors and tattoo artists. Sec. t9o702. Definitions. For the purpose of this Article, the following definitions shall apply: PERSON An individual, proprietorship, partnership, corporation, association, limited liability company, or other legal entity of any kind. QUALIFIED LICENSED A person licensed by the State of Illinois, any other MEDICAL PROFESSIONAL state, the federal government, or any commonwealth, as a medical doctor or medical osteopath or other medical practitioner with equivalent licensure, training and education requirements. SEMI-PERMANENT Any ink or pigmented liquid compound designed to be embedded or attached to the skin tissue of the human body and not to wash off or be removed by the normal flaking of the epidermal layer. TATTOO Any design, imprint, scar, or fixture on the skin created by the imprinting, attaching, imbedding, or otherwise affixing, of any indelible or semi-permanent ink or other permanent or semi-permanent liquid compound, or burning, searing, or cutting the skin to create such design, imprint, scar, or fixture. TATTOO ARTIST A person, who applies tattoos to him or her self or to others whether at a permanent or temporary location. TATTOO FACILITY Any place where a person tattoos any part of his or her own body or the body of another. Sec. 19.703. Requirements. It shall be unlawful for any person who is not a qualified, licensed medical professional to apply a tattoo to the body of any person or to otherwise operate as a tattoo artist in the Village of Mount Prospect. Sec. 19.704. Penalties and Additional Legal, Equitable, and Injunctive Relief. A. The penalty for violating any provision of this Article shall be, in addition to any other sanctions provided, a fine of not less than Five Hundred Dollars ($500.00) or more than Two Thousand Five Hundred Dollars ($2,500.00) for each offense. Each day of violation shall be deemed a separate offense. B. In addition to whatever penalties are applicable in this Article, if a person violates any of the provisions of this Article, nothing shall prevent or restrict the Village from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. C. All remedies and penalties provided for in this Section shall be cumulative and independently available to the Village and the Village shall be authorized to pursue any and all remedies set forth in this Section or other applicable law to the fullest extent allows by law. Sec. 19.705. Severability. If any section, subsection or clause of this Article shall be deemed to be unconstitutional or otherwise invalid, the validity of all remaining sections, subsection, and clauses shall not be effected." SECTION TWO: All Ordinances or parts of Ordinances in conflict with the provisions f the Ordinance are hereby repealed. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES; Corcoran, Hoefert, Lohrstorfer, Necchi, Wilks NAYS; Cl owes ABSENT: None PASSED and APPROVED this 19th day of August , i997. Carol A. Fields Village Clerk