[HISTORY: Adopted by the Town Board of the Town of New Castle 3-10-1998 by L.L. No. 3-1998. Amendments noted where applicable.]
The Town Board has noted that § 260.21 of the Penal Law provides that it is a misdemeanor to mark the body of a child less than 18 years old with indelible ink or pigments by means of tattooing. It is also the experience of the Town of New Castle Police Department that prohibitions of certain activities based solely on age prove difficult and impractical to enforce and that the Town lacks the resources and personnel to properly supervise these age limited activities. In addition, there is evidence that the practice of tattooing, when improperly done and state guidelines are not followed, can create health risks, particularly of serum hepatitis. However, the Town lacks the resources to implement and staff an effective regulatory scheme of licensing and inspection of tattoo establishments. Accordingly, the Town Board finds that, in this Town, the enforcement of the above-referenced provision of the Penal Law is difficult and impractical and the Town cannot effectively license and monitor tattoo establishments. Therefore, as a means to protect the public, the Town finds it necessary to impose a ban on this commercial activity.
It shall be unlawful for any person to tattoo a human being within the Town of New Castle for pay or compensation of any kind, except that tattooing may be performed for medical purposes by a person licensed or otherwise authorized pursuant to the Education Law to practice medicine or osteopathy.
An offense against the provisions of this chapter shall be punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.