California Personal Injury Lawyers - Bakersfield Personal Injury Attorneys - Chain, Younger, Cohn & Stiles

July 2007


Happy 4th of July!
Tattoos & Body Piercing of Minor Children
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Happy 4th of July!

As we celebrate this year's Fourth of July, be careful you don't inadvertently violate any local fireworks laws. California allows the sale and usage of fireworks categorized as safe and sane. Legal fireworks have passed strict guidelines to ensure they can be safely used without exploding or burning the person using them. Please ensure you buy fireworks that are clearly labeled with the manufacturer's name and instructions on how to properly use them. Legal fireworks will also have the State Fire Marshall logo on them. The seal indicates fireworks that are legal for use in California cities and counties which allow fireworks, and are deemed safe by the State Fire Marshall.

Purchasing fireworks such as M-80s or M-100s are not only illegal, but extremely hazardous as well. They are dangerous explosives that can lead to serious injury and even death. Illegal explosives won't have the manufacturer's name on them and often don't have any printing on them. Don't purchase or use unlabeled fireworks. If you have any questions about what is legal, call your local police department, since fireworks laws can vary between city and county. Here are the types of fireworks specifically prohibited by the state of California:

Firecrackers, skyrockets, rockets, roman candles, chasers, sparklers over 10"or ¼ diameter, surprise items, friction items, torpedoes, items resembling food, fireworks containing arsenic, phosphorus, thiocyanates magnesium (magnesium alloys permitted), mercury salts, picrates or picric acid, gallates or gallic acid, chlorates, (except those of alkali or earth metals), boron, titanium (except larger than 100 mesh), zirconium, gunpowder, and fireworks kits.

It is unlawful to sell even safe and sane fireworks to anyone less than 16 years of age.

If you plan on purchasing fireworks here are some safety tips:
  • Never allow young children to play with or ignite fireworks.
  • Fireworks activities should always be performed with adult supervision.
  • Do not try to re-light or pick up fireworks that have not ignited. Wait 20 minutes and douse the firework with water and then discard.
  • Never point or throw fireworks at another person.
  • Keep a bucket of water or a garden hose handy in case of fire or other mishap.
  • Light one item at a time, and then move back quickly.
  • Never carry fireworks in a pocket or shoot them in metal or glass containers.
For more details on firework safety visit: The National Council on Fireworks Safety at http://www.fireworksafety.com/home.htm



Tattoos & Body Piercing of Minor Children

Our office is receiving a growing number of calls from angry parents whose children under the age of 18 have either gotten a tattoo or body piercing without their parents' permission. They are concerned and want to know their legal rights. Considering it is summer and there are some children with idle time and expressionist ambitions this summer, here are the California Penal codes concerning body piercing, tattoo parlors and minors.

652.
  1. It shall be an infraction for any person to perform or offer to perform body piercing upon a person under the age of 18 years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person's parent or guardian.
  2. This section does not apply to the body piercing of an emancipated minor.
  3. As used in this section, "body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, the piercing of a lip, tongue, nose, or eyebrow. "Body piercing" does not include the piercing of an ear.
  4. Neither the minor, upon whom the body piercing was performed, nor the parent or guardian of that minor, nor any other minor is liable for punishment under this section.
653.
  • Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor.
  • As used in this section, to "tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
  • This section is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice.
If you have any concerns or questions regarding your rights, please feel free to give us a call at 661/323-4000. We are here to help.



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