31-17 Amend Code to Permit and Regulate Tattooing

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Substitute for Ord. No. 31- 17. 1St reading 9/5/17 re- ferred to Health and Human Services Committee and Planning Commission. 2 °d Reading 9/18/17. ORDINANCE NO. 31 -17 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE repealing Chapter 1793, Tattooing, amending Schedule 1129.02, Permitted Uses in Commercial Districts, and creating new Section 1161.03(XX), Supplemental Regulations for Specific Uses (Body Art Establishments), of the Codified Ordinances of the City of Lakewood in order to permit tattoo studios as a conditional use in commercial districts within the City of Lakewood. WHEREAS, the Codified Ordinances stand to be amended to permit tattoo studi- os, the code's regulation of which was last substantively updated in 2008; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Chapter 1793, Tattooing, of the Lakewood Codified Ordinances, cur- rently reading as follows: CHAPTER 1793 Tattooing 1793.01 DEFINITIONS. As used in this chapter: (a) "Tattoo ", "tattooed" or "tattooing" refer to 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 instruments designed to touch or puncture the skin. (b) "Tattoo establishment" means the location wherein tattooing is performed. (c) A tattoo establishment will not be considered a Type B Home Occupation and shall be limited to a Commercial District. 1793.02 REQUIREMENTS. Each person who operates a tattooing establishment shall comply with the re- quirements as stated in Ohio Administrative Code Chapter 1307 -9 and the fol- lowing requirements: