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2000-O-16 f ... ..., ...., ..." ORDINANCE NO. 2000-0-16 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA; TO AMEND SECTION 11-34 (BODY ART CODE) TO REFLECT THAT ADMINISTRATION AND ENFORCEMENT OF THE CODE SHALL BE CARRIED OUT PURSUANT TO AN INTERLOCAL AGREEMENT WITH THE COUNTY OF VOLUSIA; CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES, ETC.), ARTICLE II (MISCELLANEOUS TAXES AND REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On May 22, 2000, in an effort to protect the health, safety and welfare of the public from the occurrence or transmission of diseases, the City of Edgewater enacted the "Body Art Code" (Ordinance No. 2000-0-11). 2. Section 11-34 should be modified to reflect that the administration and enforcement of the Body Art Code shall be carried out pursuant to the lnterlocal Agreement between the City of Edgewater and the County of V olusia. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida: PART A. AMEND SECTION 11-34 (BODY ART CODE) TO REFLECT THAT ADMINISTRATION AND ENFORCEMENT SHALL BE CARRIED OUT PURSUANT TO AN INTERLOCAL AGREEMENT WITH THE COUNTY OF VOLUSIA; CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES, ETC.), ARTICLE II (MISCELLANEOUS TAXES AND REGULATIONS) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, IN ITS ENTIRETY. Section 11-34 is amended to read as follows: Stl tlck till Otlgl. passages are deleted. Underlined passages are added. 2000-0-16 1 '-' ..., 'W' """" Sec. 11-34. Body Art Code. The City of Edge water hereby adopts the V olusia County Health Department Body Art Code, dated November 1998 (hereinafter referred to as the "Body Art Code") excluding Section 13 (Temporary and Mobile Vehicle Permit), Section 14 (Temporary and Mobile Vehicle Permit Applications), Section 15 (Temporary Body Art Establishments) and Section 16 (Mobile Body Art Vehicles), which is attached hereto and incorporated herein as Exhibit "A". A copy of said Body Art Code is on file in the office of the City Clerk. Administration and enforcement of the Body Art Code within the City of Edgewater shall be carried out in accordance with that certain Interlocal Agreement entered into between the City of Edgewater and V olusia County and attached hereto and incorporated herein as Exhibit "B". The requirements ofthe Body Art Code shall apply in addition to any other requirements of state and local law, including the requirements of the City Code of Ordinances and the Land Development Regulations of the City. By will of illustration and not limitation, this ordinance shall be deemed to not have any effect on the requirement to obtain otherwise applicable site development plans or occupational licenses. PART B. CODIFICATION. Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or Stln,k tlllongll passages are deleted. Underlined passages are added. 2000-0-16 2 '- ...." ......, ....." circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PARTF. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on the first reading ofthis ordinance held on July 24, 2000, is as follows: AYE NAY Mayor Donald A. Schmidt ~ Councilman James P. Brown ~ Councilman Dennis A. Vincenzi ~ Councilwoman Harriet E. Rhodes ~ Councilwoman Judy Lichter After Motion by ~ ~ ~ and Second by ~ fl..l-..t- , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt --L- Councilman James P. Brown ~ Councilman Dennis A. Vincenzi Councilwoman Judy Lichter J- ~ ~ Councilwoman Harriet E. Rhodes Shtick tldotl~h passages are deleted. Underlined passages are added. 2000-0-16 3 PASSED AND DULY ADOPTED this 7 day of , 2000. ATTEST: Strnekthnengh passages are deleted. Underlined passages are added. 2000-0-16 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By:. !�/ Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant ... ...., (J~ (.. ~- (--:(; :-./ .:~ . (~ ,.,',~,d I INTERLOCAL AGREEMENT ADMINISTRATION AND ENFORCEMENT OF THE VCHD BODY ART CODE WITHIN THE CITY OF EDGEWATER WHEREAS, the unregulated practice of body piercing, branding, scarification, and similar body adornment techniques constitute a serious public health hazard if proper health and medical precautions are not exercised, causing infection and the spread of blood borne contagious diseases; WHEREAS, the National Environmental Health Association (NEHA) has drafted a 'Body Art Model Code' providing professional standards and requ~rements for tattooing, body piercing, scarification, branding, and similar practices, and establishments offering such services; and WHEREAS, the Volusia County Health Department (VCHD), a subdivision of the State of Florida Department of Health, is charged with responsibility for protecting the health of residents and visitors in Volusia County; and WHEREAS, the VCHD with the assistance of local municipalities, has prepared a local adaptation of the NEHA Body Art Code; and WHEREAS, The City of Edgewater has adopted Parts I and III of the VCHD Body Art Code, and the VCHD has the expertise to administer the code and the authority to enter into this agreement to enforce the code within the City of Edgewater; NOW, THEREFORE, the Volusia County Health Department, acting Page 1 of 6 '-' ..."., as a subdivision of the State of Florida Department of Health, referred to as 'VCHD', and the City of ~dgewater, referred to as 'City', hereby agree as follows: SECTION 1. The VCHD shall administer the VCHD Body Art Code within the City. The responsibilities of the VCHD include permit application, review, issuance, and renewal; periodic inspection of permittees; inspection of reported violations; notice and instruction to correct violations; participation in hearings related to denial, suspension or revocation of a permit; and any other actions necessary to fulfill the duties of administration of the code and protection of the public health in connection with such practices, e~cept those specifically assigned to the City by this agreement. SECTION 2. The City shall be responsible for issuing orders and providing hearings in accordance with law when a permit for an establishment or a technician operating within the City is denied, suspended, or revoked, and the final decision on all such issues shall be made by the City. When denial of a technician permit is at issue, this section shall apply only if the technician's principal place of business, or residence address if the technician has no principal place of business, is in the City. When suspension or revocation of a technician permit is at issue, this section shall apply only where the technician's principal place of business is in the City or the violation or violations occurred within the City. Page 2 of 6 ..... ...." SECTION 3. An applicant may appeal denial of a permit by submitting to the City a written request for a hearing within 10 days. The city shall conduct a hearing as provided in ~23-50, city Code. The VCHD will participate in any hearings or t proceedings conducted for the 'purposes of presenting evidence of violations and testimony of health professionals. SECTION 4. Prior to issuance of any permit for a body art establishment within The City of Edgewater, the VCHD shall require the applicant to submit written proof that the City has reviewed the location of the proposed use and that is in a zoning district where such uses are permitted. No establishment permit shall be issued without the City's written zoning approval. SECTION 5. The VCHD shall promptly notify the City of any violations which are not corrected as directed after notice to the permittee. Upon receiving such notice from the VCHD, the City may take action to suspend or revoke the permit of the violator as provided for violations of Chapter 23, City Code in accordance with the procedures contained in ~23-44, through ~23- 51, City Code. The VCHD will participate in any hearings or proceedings conducted in connection with such enforcement for the purposes of presenting evidence of violations and testimony of health professionals. SECTION 6. In addition to permit denial, suspension or revocation, the City may enforce provisions of the VCHD Body Art Code and punish violations by any of the following methods: Page 3 of 6 "W ~ . ...,; (a) The County Court shall have jurisdiction to enforce the code by a fine not exceeding $500 or imprisonment not exceeding 60 days or by both. Each day any violation shall continue shall constitute a separate offense. (b) The Code Enforcement Board shall have jurisdiction to enforce the code, and any person, firm, corporation, or agent determined to be in violation shall be subject to all penalties and remedies available to the Board as provided by law. (c) Any violation may be treated as a civil infraction in accordance with the Supplemental Municipal Code Enforcement Procedures set forth in Chapter 162, Part II, Florida Statutes, (1991), as may be amended from time to time. Any code enforcement officer designated by the City Manager is hereby empowered to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted provision of the code. For a person who does not contest the citation, initial violations shall carry a civil penalty of $50.00 and repeat violations shall carry a civil penalty of $100.00, payable to the City Clerk. A person may contest the citation in the County Court and shall be subject to a maximum civil penalty imposed by the court of $500.00. Page 4 of 6 .... ...., (d) The city may institute any appropriate action or procedure to bring about compliance or remedy. The City may order discontinuance of the use of any land or building or other structure, the discontinuance of work, or any other act when such use or act is in violation of the code. SECTION 7. The VCHD shall collect reasonable fees in connection with the administration of this code. The initial fee schedule has been established in the following amounts: $200 2S 50 . 2S . . . . . Body Art Establishment (annual permit) . . . Body Art Establishment plans review . . . . Body Art Technician (annual permit) . . . Re-inspection The VCHD is authorized to amend the fees if it determines that the fees are insufficient to properly administer the code. The VCHD shall notify the City Manager in writing of any change in the fee schedule. Fees are collected as of January 1st each year and shall be prorated on a 6-month basis. SECTION 8. This agreement may be terminated by either party upon 30 days written notice. SECTION 9. A copy of this Interlocal Agreement shall be attached to the V~D Body Art Code Parts I and III as adopted by the City, and shall be considered a part of the code administered and enforced within the City. Page 5 of 6 ... ....,. ..." ~TY OF :!Z2WATER .~~ Donald A. Schmidt ~~ Susan J Wadsworth city Clerk y/7-~(JV Date APPROVED: THE VOLUSIA COUNTY HEALTH DEPARTMENT, ACTING AS A SUBDIVISION OF THE STATE OF FLORIDA DEP~ OF .H~ ~ K..A:... Bonita J. s~ensen, M.D. Director, Volusia County Health Department Interlocal Agreement Administration and Enforcement of the VCHD Body Art Code Page 6 of 6