[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 12-21-2016 by Ord. No. 1154. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural.
- Any individual who performs or practices the art of tattooing on another person.
- TATTOO ESTABLISHMENTS
- Any room, space, shop or personal services establishment where tattooing is performed.
- TATTOO, TATTOOED, TATTOOING
- Refers to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. This definition shall not apply to medical doctors or doctors of veterinary medicine in performance of their professional duties.
It shall be unlawful for any person to operate a tattoo establishment without first obtaining a license to engage in such activity, in accordance with the provisions of this chapter and unless abiding by the provisions hereof.
Applicants for a license under this chapter shall submit to the Borough of Waynesboro a written application containing such information as required by the Code Enforcement Officer or his designee.
The application for license shall be referred to the Code Enforcement Officer or his designee. The Code Enforcement Officer or his designee shall inspect the proposed location annually to determine if it complies with the health and sanitary provisions of this chapter.
Each applicant, before being granted a license, shall pay a yearly fee set by resolution of Borough Council from time to time. Each license shall expire on December 31 of the year in which such license is issued.
The license provided for in this chapter shall be posted conspicuously at the location where the applicant conducts the tattooing.
Every person who operates a tattooing establishment shall comply with the following requirements:
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
The tattoo establishment shall have a sink in the tattooing area supplied with hot and cold water. Within reach of said sink shall be antibacterial soap and a stocked single-use towel dispenser.
Sterile surgical gloves (or the equivalent) shall be available for the operator when tattooing. A double opaque plastic bag in a container with a lid that fits the container snugly shall be provided for the disposal of sterile surgical gloves.
Safety razors with a new, single-service blade or a straight edge razor shall be available for the operator's use on each customer or patron. All equipment shall be thoroughly cleaned and sterilized after each use, as required by the Code Enforcement Officer or his designee.
An easily cleanable covered waste container must be provided in the tattooing area for waste materials.
The operator shall maintain records, available for inspection by the Code Enforcement Officer or his designee, documenting that an inquiry was made to each and every customer or patron as to any skin infection or other disease of the skin or any communicable disease, any history of AIDS or HIV positive infection, recent jaundice or hepatitis. The record shall also indicate that service was denied to any customer or patron with a skin infection, or other disease of the skin, any communicable disease and anyone having a history of AIDS or HIV positive infection, recent jaundice or hepatitis.
Single-service or individual containers of dye or ink shall be made available for each customer or patron, and shall be discarded immediately after each use in a double opaque plastic bag in a container with a lid that fits the container snugly. Any dye in which the needles were dipped shall not be used on another person. Sterile sponges or disposable paper tissues shall be made available to remove any excess dye or ink from the skin, which shall only be used on one person and then immediately discarded in a double opaque plastic bag in a container with a lid that fits the container snugly. Sterile gauze must be available for washing the tattooed area.
The walls and floors shall have an impervious, smooth, washable surface and shall be painted or finished in a light color. Carpeting is prohibited in tattooing area(s).
A toilet shall be located in the establishment and shall be accessible at all times the tattooing establishment is open for business. The lavatories shall be supplied with hot and cold running water, soap and single-use towels provided in approved dispensers, and shall be located in all toilet rooms.
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a color which is generally available from tattoo equipment manufacturers, with a smooth, washable finish and shall be separated from waiting customers or the general public by a panel at least four feet high.
All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.
A steam sterilizer (autoclave) shall be provided for sterilizing reusable needles and similar instruments before use on any customer, person or patron. Sterilization of equipment shall be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure of 15 pounds per square inch, temperature of 240° F. The autoclave shall be provided with a thermometer reading ±2° accuracy, and an accurate steam pressure gauge. Alternate sterilizing procedures may only be used when specifically approved by the Code Enforcement Officer.
The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing so that they not be contaminated. Animals are not to be tattooed with any of the instruments used in tattooing human customers.
No person, customer or patron having any skin infection or other disease of the skin or any communicable disease, nor anyone having a history of AIDS or HIV positive infection, recent jaundice or hepatitis shall be tattooed. All infections resulting from the practice of tattooing which become known to the operator shall promptly be reported to the Code Enforcement Officer or his designee by the person owning or operating the tattooing establishment.
All bandages and surgical dressings used in connection with the tattooing of a person shall be stored in a sterile manner.
The Code Enforcement Officer or his designee may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not said establishment and the persons performing the art of tattooing therein are in compliance with all applicable health provisions contained within this chapter. It shall be unlawful for any person or operator performing tattooing to willfully prevent or restrain the Code Enforcement Officer or his designee from entering any licensed establishment where tattooing is being performed for the purpose of inspecting said premises after proper identification is presented to the operator.
The Code Enforcement Officer or his designee shall issue to the affected person or licensee a provisional order to comply with this chapter, apprising such person or licensee of the specific violations, and setting forth herein the time allowed for compliance. Upon failure or refusal to comply with the provisional order, the Code Enforcement Officer or his designee shall make such order final and suspend or revoke the issued license. Upon receipt of such final order, the licensee shall immediately cease all business permitted by such license. The licensee may appeal the final order to the Borough of Waynesboro Building Code Board of Appeals within 10 days after receipt of such order.
In addition to the revocation and suspension of any license, as provided in this chapter, any operator or other person who shall violate any provision of this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $300 and costs of the action; and/or such a person may be sentenced and committed to the Franklin County Prison for a period not exceeding 30 days. Each day that a violation exists shall constitute a separate violation.
The provisions of this chapter are severable and if any of its sections, clauses or sentences shall be held illegal, invalid or unconstitutional, such provision shall not affect or impair any remaining sections, clauses or sentences of the same.