The purpose of this chapter is to safeguard and protect the
health, welfare and safety of the citizens of the Borough of Kenilworth
from the potential hazards associated with improper sterilization,
sanitation, and safety standards for persons engaged in the business
of tattooing, permanent cosmetics, and ear and body piercings, pursuant
to "Body Art Procedures, New Jersey State Sanitary Code, Chapter VIII,"
N.J.A.C. 8:27-1 et seq., and the governing body of the Borough of
Kenilworth hereby adopts licensing procedures and standards to govern
such commercial facilities which are to be administered by the Board
of Health of the Borough of Kenilworth. This chapter shall govern
all businesses that offer tattooing, permanent cosmetics, and ear
and body piercings to the public with the exception of a physician
licensed to practice medicine.
As used in this chapter, the following terms shall have the
meanings indicated:
BODY ART
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, body piercing, tattooing,
and permanent cosmetics.
BODY ART ESTABLISHMENT
Any place or premises, whether public or private, temporary
or permanent in nature or location, where the practices of body art,
whether or not for profit, are performed.
BODY PIERCING
Puncturing or penetration of the skin of a person using presterilized
single-use needles and the insertion of presterilized or disinfected
jewelry or other adornment thereto in the opening.
EAR PIERCING
The puncturing of an ear lobe and the trailing edge of the
ear using a presterilized single-use stud and clasp ear piercing system
following manufacturer's instructions.
JEWELRY
Any personal ornament inserted into a newly pierced area
and may be made of surgical implant grade stainless steel, solid fourteen-karat
or eighteen-karat white or gold, niobium, titanium, platinum, glass
or a dense, low porosity plastic.
PERMANENT COSMETICS
The implanting of inert pigments, colors, and/or dyes intradermally
which results in the permanent alteration of tissue to gain a cosmetic
effect.
PRACTITIONER
Any person that performs the act of tattooing, permanent
cosmetics and/or ear and body piercing.
TATTOOING
Any method of placing ink or other inert pigment into or
under the skin or mucosa by the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of permanent cosmetics.
WORKSTATION
The area or room used for the purpose of performing body
art procedures by a practitioner.
Pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6, the regulations
promulgated by the State Department of Health on body art procedures,
N.J.A.C. 8:27-1.1 et seq., are hereby incorporated into this article
by reference and made a part of this chapter as if set forth at length
herein.
Any person or business in violation of any provision of this
chapter, upon conviction before the Municipal Court, shall be liable
for a penalty of not less than $100 or more than $500 for each violation
and all other applicable law and/or injunctive action as provided
by law, or both. Each day that a violation exists shall be considered
a separate offense.