[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.
Any room, space, shop or personal services establishment
where tattooing is performed.
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:
A.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
B.
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.
C.
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.
D.
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.
E.
An easily cleanable covered waste container must be provided in the
tattooing area for waste materials.
F.
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.
G.
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.
H.
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).
I.
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.
J.
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.
