Urgency ordinance would temporarily ban such businesses
MENIFEE -- A debate about whether to allow tattoo parlors in Menifee begins Tuesday night, as the City Council is slated to vote on a temporary urgency ordinance that would temporarily ban new parlors from setting up shop.
If approved, the moratorium would remain in effect while city leaders investigate tattoo parlors, including whether they attract crime, what parts of the city they should be allowed to open in, heath concerns associated with them, and whether they're the type of business city leaders want to allow in Menifee.
"It's a topic of discussion and concern," City Attorney Elizabeth Martyn said Monday.
While Temecula, Murrieta and Lake Elsinore allow tattoo parlors, several Southern California cities have banned them, citing safety, health and image concerns.
Other cities have allowed them to operate under very strict regulations.
Several court battles have been waged during the last decade regarding the constitutionality of barring tattoo parlors, citing issues of free speech and restrictive regulations.
"The issue is evolving," Martyn said, adding that city officials need to study legal precedent before developing a policy.
"What's the line between the message (tattoo) and the conduct (tattooing)" she said. "People who want to have the businesses argue they are protected by the First Amendment. People who don't argue this is a use, this is a conduct, and we can prohibit the conduct. We need to take the time and make sure we get this right."
In studying the issue, Menifee city leaders will look at other cities' tattoo ordinances and find out how they have prevailed in court when challenged, she said.
Martyn said she is not aware of any tattoo businesses operating in Menifee, nor has the city fielded a request recently. The ordinance, if approved, would not force any existing businesses to shut down. She said established businesses would be affected by whatever final regulations the council approves, however.
City leaders hope to have a recommendation to the council by July 1 on whether to permanently ban -- or just regulate -- tattoo parlors in Menifee, she said.
Mike Ferguson, owner of 1st Amendment Tattoo in Temecula and Murrieta, said that regulations of tattoo business don't have to be a bad thing -- if they're crafted correctly.
He said he has watched as more and more tattoo parlors open in Temecula and he noted that sometimes tattooists work out of stores that sell various pipes and adult videos.
He said cities should not allow tattooing in smoke shops, saying it's not professional and possibly unsafe.
As for zoning regulations, he said a tattoo shop is generally not allowed to open right next to a school, and that's understandable. However, he added, sometimes city officials get overzealous with restrictions.
Two California cities, Hermosa Beach and Watsonville, were the target of legal challenges to ordinances regulating tattoo parlors in recent years.
While the cities did not ban them outright, lawsuits contended the regulations were too strict, making it impossible to open a tattoo parlor, news reports state. Free speech violations also were cited in the lawsuits.
In Watsonville, the council eventually modified its ordinance, paving the way for a tattoo parlor to open in October, according to news reports. In the Hermosa Beach case, a U.S. District Court judge in October sided with city officials, stating that the regulations do not infringe on First Amendment rights, reports state.
In general, city officials that have barred or severely restricted tattoo shops have cited health and safety concerns.
The interim urgency ordinance before the Menifee council cites a state law that allows cities to temporarily ban certain businesses "to protect the public safety, health and welfare" of a city. A city staff report cites the act of "tattooing, body piercing, branding and scarification" as a possible health concern.
The ordinance would not apply to doctors and veterinarians, or routine ear piercing.
According to the Mayo Clinic, possible complications from getting a tattoo include contracting a blood-borne disease, allergic reactions and skin infections. However, the clinic's Web site notes that "given the popularity of tattoos, complications are relatively uncommon."
As for safety concerns, Martyn said she didn't have enough information to determine whether tattoo parlors invited crime.
Ferguson said the notion that legitimate tattoo parlors attract a nefarious sort is ridiculous. He said he has a wide range of clients, including those in the military and retirees.
"There is more crime involved with a bar or liquor store than ever a tattoo establishment," he said.
Which way the Menifee City Council might lean remains unclear. At least two council members, Fred Twyman and Scott Mann, said Monday that they had yet to form an opinion on the issue.
But at least one council member, John Denver, said he is inclined to support allowing tattoo parlors in the city.
"I have no problem with tattoo parlors," he said. "If the police came in and said there was some relation to drugs and gangs, I would have another opinion. But to my knowledge, they are just another business."
The City Council meeting begins at 7 p.m. at 28701 La Piedra Road.
This proposal will be the second urgency ordinance put before the council this month. On Feb. 3, council members unanimously approved a temporary moratorium on hookah lounges in Menifee while the council crafts the regulations that they and other tobacco stores would be governed by.
Posted in Menifee on Monday, February 16, 2009 12:00 am Updated: 12:34 pm. | Tags: T.tattoourgency.0217, Cal, News, Local, Menifee, Z.google.menifee, Z.google.local
© Copyright 2009, North County Times - Californian, Escondido, CA | Terms of Service and Privacy Policy