§ 10-5. Tattoo parlors inside the city limits.

(a)

Purpose and intent. It is the purpose of this section to regulate tattoo businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations for tattoo businesses operated within the city.

(b)

Tattoo businesses. Tattoo businesses include any commercial establishment which places markings on the skin of any person with indelible pigments, regardless of the name or description of the establishment or the number of tattoos performed within any given period of time.

(c)

Businesses are required to be in compliance with any state provision concerning tattoo parlors, including but not limited to training, licensing, and operation.

(d)

No person under the age of 18 shall enter a tattoo parlor unless accompanied by an adult.

(e)

Tattoo businesses will be allowed only in a district zoned commercial where they may be allowed as a conditional use subject to the following:

(1)

No tattoo businesses may be operated within 500 feet of:

a.

A church;

b.

A public or private elementary, middle, secondary, or post-secondary school, preschool or child care facility;

c.

Any boundaries of any residential district;

d.

A public park, bowling alley, skating ring, or other public recreation areas;

e.

A hospital;

f.

Properties listed on the National Register of Historical Places or local historic districts as identified by the State of Louisiana; and

g.

Another tattoo business.

(2)

Measurements. All measurements made in accordance with this section shall be made in a straight line, without regard to intervening structures or objects from the nearest property line of the tattoo business to the nearest property line or boundary of the items listed in subsection (e)(1)a. above.

(f)

Penalties.

(1)

Any person operating or causing to be operated any tattoo business, in violation of any part of this section is punishable, upon conviction, by a fine not to exceed $500.00.

(2)

If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed $250.00 for each day that the same is unlawfully continued.

(3)

A person who operates or causes to be operated a tattoo business in violation of this ordinance will be subject to a suit for injunction as well as prosecution for criminal violations.

(g)

Subsequent location of certain other uses. A lawfully operating tattoo business shall not be rendered illegal by the subsequent location of any of the items listed above. This provision does not eliminate the police power of the City of Marksville and its ability to make zoning ordinance changes in the future.

(h)

Emergency clause. The city council finds that regulation of tattoo businesses is of extreme importance to the health, safety and welfare of the citizens of Marksville, Louisiana, and for this reason, an emergency exists, and this section being necessary for the preservation of health, safety and welfare of the citizens of the city, shall be in full force and effect from and after its passage.

(Res. No. 2016-127, 8-10-2016)