Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
330a Uncod LL Pro
[Adopted 12-7-1996 by L.L. No. 4-1997 (Ch. 225, Art. I, of the 1985 Code)]

§ 330-1 Legislative intent.

A. 
This Legislature hereby finds and determines that currently there is no law regulating the practice of body piercing, which is a growing industry.
B. 
This Legislature further finds that the practice of body piercing involves the penetration of the skin, which, if done improperly, can lead to potential health risks.
C. 
This Legislature further finds and determines that a growing number of minors are engaging in the practice of body piercing.
D. 
Therefore, the purpose of this article is to prohibit the body piercing of minors, pursuant to the County's exercise of its inherent power to protect the public health, safety and general welfare of its citizens.

§ 330-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PERSON
Any individual, partnership, firm, association, trust, company, joint venture or corporation.

§ 330-3 Prohibitions.

A. 
No person shall knowingly pierce or offer to pierce, for compensation, any part of the body of an individual under the age of 18 years, except the ears, by means of body-piercing instruments.
B. 
No person under the age of 18 shall knowingly request any person, for compensation, to pierce any part of his or her body, except the ears, by means of body-piercing instruments.
C. 
If the body piercing is offered in conjunction with the sale of an item of jewelry actually being used in connection with the body piercing, then that service or act shall be deemed to have been provided for compensation.

§ 330-4 Penalties for offenses.

Any person who knowingly and willfully violates § 330-3 of this article shall be guilty of a Class A misdemeanor punishable by a fine of up to $1,000 and up to one year's imprisonment.

§ 330-5 Exception.

The prohibitions contained in § 330-3 of this article shall not apply in those instances in which at least one parent or legal guardian of such individual under the age of 18 years consents, in writing, to such body piercing. This writing shall be notarized and filed in person at the place of business where the body piercing takes place.

§ 330-6 Applicability.

This article shall apply to actions occurring on or after the effective date of this article.
[Adopted 3-8-2011 by L.L. No. 17-2011]

§ 330-7 Legislative intent.

A. 
This Legislature hereby finds and determines that the Suffolk County Sanitary Code strictly regulates the tattoo and body art industry to protect public health and safety.
B. 
This Legislature also finds and determines that professional tattoo artists use tattoo machines, also known as "guns" and "irons," and other equipment to apply tattoos.
C. 
This Legislature further finds and determines that the improper use of tattoo equipment in the application of a tattoo can cause injury, bacterial infection, or transmission of blood-borne diseases, like Hepatitis C and HIV.
D. 
This Legislature finds that some suppliers of tattoo equipment sell tattoo machines to persons untrained in their use, even opening kiosks at shopping malls to sell their products directly to the public.
E. 
This Legislature determines that the sale of tattoo equipment to persons without professional tattooing credentials increases the risk to public health and safety, as these individuals may apply tattoos on others without following important regulations to protect both the customer and artist from harm.
F. 
This Legislature also finds that Suffolk County should regulate the sale of tattoo equipment to ensure that it is available only to trained professionals who will use it in a safe manner.
G. 
Therefore, the purpose of this article is to prohibit the sale of tattoo equipment to persons who are not certified as professional tattoo artists in Suffolk County.

§ 330-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CERTIFIED TATTOO ARTIST
Any individual who applies tattoos and has been certified by the Suffolk County Department of Health Services as a certified body artist or has been certified, registered or otherwise licensed by another jurisdiction and has written documentation of same.
CERTIFIED TATTOO ARTIST APPRENTICE
Any individual who is supervised in the application of tattoos by a certified tattoo artist and who has been certified by the Suffolk County Department of Health Services as a certified body artist apprentice.
PERSON
Any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not.
TATTOO EQUIPMENT
Any machine or mechanical instrument manufactured and used solely to apply tattoos.

§ 330-9 Restrictions.

No person shall sell tattoo equipment to another person within Suffolk County unless the prospective purchaser provides written documentation that he/she is a certified tattoo artist or certified tattoo artist apprentice.

§ 330-10 Penalties for offenses.

Persons selling tattoo equipment in violation of any portion of this article shall be guilty of an unclassified misdemeanor, punishable by a fine not to exceed $1,000 and/or up to one year in jail.

§ 330-11 Applicability.

This article shall apply to all actions occurring on or after the effective date of this article.