[HISTORY: Adopted by the Board of Health of the Borough of North Arlington 4-12-1978 by Ord. No. 2-78 (Ch. 260 of the 1984 Code); amended in its entirety 6-5-1996 by Ord. No. 96-2. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF INSPECTION
Written approval from the health department or authorized representative that said tattooing establishment has been inspected and meets all of the terms of this chapter.
HEALTH OFFICER
The North Arlington Public Health Administrator or an authorized representative.
OPERATOR
Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another.
A. 
Age. It shall be a violation of this chapter for anyone or any tattoo business to tattoo an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 21st birthday. The operator shall obtain a copy of a photo ID of the individual being tattooed.
B. 
Each person wishing to receive a tattoo must first apply to the operator, on a form approved by the North Arlington Health Department. A tattoo may then be applied no sooner than one hour after the time of application received by the tattooist. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavioral modifying substance, the operator must refuse the applicant.
C. 
All records regarding tattoos are to be maintained for a minimum of two years. Information required for each applicant referred to in Subsection B is to include the name, age, date of birth, address, and telephone number of the applicant as well as the design and location of the tattoo.
A. 
Each tattoo facility shall have a bathroom accessible to the public and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand drying facilities.
B. 
The chair or seat reserved for the person receiving the tattoo shall be of a material that is smooth and easily cleaned and constructed of material that is nonabsorbent. Any surfaces on the chair that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
C. 
The work table or counter used by the tattoo artist shall be smooth and easily cleaned and constructed of material that is nonabsorbent. There shall be a covered junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized, utilizing a method approved by the North Arlington Health Department, between customers.
D. 
The walls in the tattooing area shall be smooth and easily cleaned and constructed of a nonabsorbent material.
E. 
The floor in the tattooing area shall be of a durable material that is nonabsorbent and is smooth and easily cleaned. Floors shall be kept clean.
F. 
Lighting within the tattoo area shall be adequate so as to provide a minimum of 100 footcandles in all areas.
G. 
The work area reserved for the application of the tattoo shall be separate from other areas of the establishment by walls or durable partitions extending at least six feet in height and so designed to discourage any persons other than the customer and the tattoo artist from being in the work area.
H. 
Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the North Arlington Health Department.
I. 
Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on-site from larger containers must be clearly marked with the name of the product.
J. 
Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.
A. 
Tattoo artist.
(1) 
Hepatitis B pre-exposure vaccination or proof of immunity is required for all tattoo artists. Any accidental needle stick injury shall be reported to the North Arlington Health Department within 48 hours of the accident. If a person cannot obtain the vaccination for medical reasons, he shall submit to the Board of Health a letter from his physician certifying that the individual does not have Hepatitis B and the vaccination is contraindicated. This certification shall be annually renewed.
(2) 
All tattoo artists shall pass an examination showing knowledge of sterile technique and universal precautions to assure that infection and contagious disease shall not be spread by tattooing practices. Once a year under the auspices of the Board of Health a course leading to certification shall be given for any person seeking to be a tattoo artist within the Borough of North Arlington.
(3) 
Before working on each patron, each tattoo artist shall scrub and wash his/her hands thoroughly with hot water and antiseptic soap using his/her individual hand brush. Fingernails shall be kept clean and short.
(4) 
Disposable vinyl or latex gloves shall be worn by the tattoo artists during tattoo preparation and application to prevent contact with blood or body fluids. It is recommended that universal precautions as described by the Centers for Disease Control and Prevention (CDC) be followed. All materials shall be disposed of in accordance with § 448-5A of this chapter after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
(5) 
Immediately after tattooing a patron, the tattooist shall advise the patron on the care of the tattoo and shall instruct the patron to consult a physician at the first sign of infection of the tattoo. Printed instructions regarding these points shall be given to each patron.
(6) 
All infections resulting from the practice of tattooing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo establishment or by the tattoo artist.
B. 
Skin preparation.
(1) 
Tattooing shall be done only on normal healthy skin surface that is free of rash, pimples, boils or manifests any evidence of unhealthy conditions.
(2) 
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to § 448-5A of this ordinance after each use and new blade used for each patron.
(3) 
Following shaving, the area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the design on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry.
(4) 
Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.
C. 
Tattooing.
(1) 
Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least 20 minutes or disposed of following each use.
(2) 
Only nontoxic dyes or pigments may be used. Premixed sterile materials are preferred. Premixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the North Arlington Health Department of the nontoxicity of the dyes or inks at the time of license application and renewal.
(3) 
Single service or individual containers of dye or ink shall be used for each patron and the container disposed of immediately after completing work on each patron. Any dye in which the needles were dipped shall not be used on another person.
(4) 
The completed tattoo shall be washed with sterile gauze and a solution of tincture of green soap or its equivalent, then disinfected with 70% alcohol. The area shall be allowed to air dry and antiseptic ointment applied and spread with sterile gauze and sterile dressing attached.
D. 
Needles and instruments.
(1) 
Only single-server sterilized needles and needle bars shall be used for each patron.
A. 
Not less than $250 nor more than $1,000 for each violation of this chapter, payable to the North Arlington Board of Health. Each day that the violation exists is considered to be a separate offense.
B. 
Reasonable counsel fees incurred by the Board of Health in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
C. 
This chapter shall preempt any municipal ordinance inconsistent herewith.