HomeMy WebLinkAboutORD-26-80 PROVIDES MINIMUM REQUIREMENTS FOR COMMERCIAL TANNING BOOTHS IN A COMMERCIAL ZONE FOR A PERIOD OF 120 DAYSORANGE CITY NEWS: Please publish Wednesday, April 2, 1980 only and send PROOF
and PROOF OF PUBLICATION to City Clerk, P.O. Box 449, Orange, California 92666.
MARILYN J. JENSEN, CITY CLERK
ORDINANCl NO. 26-
80 AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ADOPTED AS AN
URGENCY MEASURE TO PROVIDE MINIMUM REQUIREMENTS
FOR COMMERCIAL TANNING BOOTHS IN A
COMMERCIAL ZONE FOR A PERIOD OF ONE HUNDRED TWENTY
DAYS.
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I WHEREAS, California Government Code Section 65858
provides that a legislative body to protect the public safety, health
and welfare may adopt as an urgency measure an interim ordinance,
to prohibit any uses which may be in conflict with a
contemplated zoning proposal which the legislative body, Planning
Commission or the Planning Department is considering or studying or
intends to study wi thin a reasonable time;
and WHEREAS, an urgency measure adopted in accordance
with Government Code Section 65858 may be effective for one
hundred twenty days;
and WHEREAS, the Acting Health Officer of the County of
Orange,L. Rex Ehling, M.D., finds that the following adverse physiolog
ical reactions can be caused by excessive exposure to
ultraviolet radiation which is util ized in commercial tanning
booths:1. Inflamation of the cornea of the eye (
keratitis).2. Skin burns (
erythema).3. Skin
cancer.4. Premature aging of the
skin.WHEREAS, the Department of Health, Education and
Welfare Food and Drug Administration, has investigated
ultraviolet tanning devices and will issue mandatory regulations for them
in May, 1980;
and WHEREAS, there are several applicants who desire to
establish commercial tanning booths in the City of Orange;
and WHEREAS, the City Council and St~ff n~ed sufficien~ time.
to renew the commercial tanning booth sltuatlOn to determlne wh~
ch zone they should be permitted in and to determine if
additional legislation is required;
and WHEREAS, said use may be detrimental to adjacent
residential
properties.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:ECTION
I:The City Council hereby ordains that commercial
tanning booths may be permitted in the C-2 Zone, pursuant
to Section .17,46.020, Subsection G, (which provides that any other
commerl::lal enterpr ise which is similar in character to, and not more
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to the wel fare of adjacent uses than those enumerated in that
section may be allowed in a C-2 Zone subject to the issuance of
a conditional use permit), provided that the conditional use
permit contains at least the following minimum
requirements:1. That the applicant shall post warning notices in
conspicuous places within the establishment and at the entrance to
each booth, notifying prospective clients of the dangers
of utilizing ultraviolet radiation. Said notice shall read
as
follows:
2.DANGER -- Ultraviolet radiation. Follow instructions.
As with natural sunlight, overexposure can cause eye
injury and sunburn; repeated exposure may cause premature
aging of the skin and skin cancer. Medications or
cosmetics applied to the skin may increase your sensitivity
to ultraviolet light. Consult physician before using
lamp if taking any medication or if you believe yourself
especially sensitive to sunlight."
That each booth shall be regulated by a timing device which
would automatically turn off the lamp after ten minutes or
less of operation.
3.That a manual switch be located within each booth to enable
the user to turn off the lamp.
4. That enough protective goggles be available so that the
maximum number of people recommended can use the lamp safely
a t the same time.
5. That booths be constructed so that no emission of ultraviolet
radiation may escape.
6. That shields shall be installed to prevent users from
coming into contact with lamps.
7. That handrails shall be installed to help prevent falls.
8. That temperatures in tanning booths shall be maintained
below 100 degrees fahrenheit.
SECTION II:
The facts constituting the urgency justifying the enactment
of this ordinance are as follows:
The City of Orange has received more application~ to operate
tanning booths in the City of Orange. The C;:i ty Counc~l is not
now fully aware of the significance of the unpact of said commercial
tanning booths upon the public safety, health and welfare. In.
particular there are health concerns as the County Heal th Off~cer
has stated' that there are adverse physiological reactions associated
with commercial tanning booths, and the Depa7tment of Health,
Education and Wel fare has stated that they Wl.l1 issue mandatory
regulations for such tanning booths and that they are aware of
Possible health hazards associated with commercial tanning booths.
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The city Council desires to examine the adequacy of present
City policies, .pract~ces, standards and local laws. Further,
the City Counc~l desues sufficient time to enact any measures
which may be necessary to protect the public safety, health and
welfare, and to solve the problems associated with commercial
tanning booths.
Therefore, pursuant to the prov~s~ons of Section 65858 of
the Cal ifornia Government Code and in order to protect the pub 1 io
safety, health and welfare, the City hereby adopts this interim
ordinance as an urgency measure which shall be effective for a
period of one hundred and twenty days.
ADOPTED this 25th day of March, 1980.
Orange
ATTEST:
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City C er t C~ of orange
STATE OF CALIFORNIA )
ComITY OF ORANGE ) ss
C 1TY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, DO
REBY CERTIFY that the foregoing ordinance was regularly introduced, reading in
full was waived, was read by Title, was passed and adopted at a regular meeting
of the City Council, City of Orange, California, held on the 25th day of March,
1980, by the following vote, to wit:
AYES: COUNCILMEN: BARRERA, SMITH, PEREZ, MAYOR PRO.TEM BEAM.
NOES: COUNCILMEN: NONE.
ABSENT: COUNCILMEN: MAYOR HOYT.
WITNESS my hand and seal this 26th day of March, 1980.
i~~f~:-n~
City Clerk of the City of Orange
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