As used in this chapter, the following terms
shall have the meanings indicated:
BOARD OF HEALTH
The Board of Health of the Borough of Upland, the Health
Officer of said Board of Health, the Health Inspector of said Board
of Health, or any authorized representative thereof.
BODY ART
The practice of physical body adornment by permitted facilities
and operators utilizing, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding and scarification,
and the placement of pigments, trimming, or filing of the nails.
BODY PIERCING
The process of penetrating the skin or mucous membrane for
the purpose of insertion of any object, including but not limited
to jewelry, for cosmetic purposes. The term also includes the intentional
production of scars upon the body.
BODY PIERCING FACILITY
Any room or space where body piercing is practiced or where
the business of body piercing is conducted or any part thereof.
DISINFECTION
The destruction of all vegetative forms of pathogenic agents
by chemical or physical means.
EQUIPMENT
All machinery, including fixtures, containers, vessels, tools,
implements, furniture, display and storage areas, sinks, and other
apparatus used in connection with the operation of any facility.
FACILITY
Any place or premise, or any part thereof, whether public
or private, where any person conducts any enterprise, occupation,
vocation or business, whether or not for profit and whether temporarily
or permanently located.
FACILITY MANAGER
Any person, partnership, business, corporation or other entity
who/which owns, controls, operates, conducts or manages any tattooing
or body piercing facility, whether actually performing tattooing or
body piercing or not.
HOT WATER
Water which is at a temperature of not less than 110°
F. nor greater than 125° F.
INFECTION
The entry and multiplication of any pathogen in the body
of a human or animal.
INFECTIOUS DISEASE
A disease of humans or animals resulting from a transmissible
infection, whether or not patent, apparent, inapparent, latent, clinical
or subclinical.
INFECTIOUS WASTE
Waste generated in the treatment or service of a human which
falls under one or more of the following categories:
A.
Pathological wastes. Human pathological wastes,
including tissues that are removed during medical procedures. The
term does not include hair, nails or extracted teeth.
B.
Human blood and body fluid waste including liquid
waste, human blood, blood products, items contaminated with blood
or dried human blood.
C.
Used sharps. Needles, scalpel blades, suture
needles, broken or unbroken glass or plasticware, disposable razors,
scalpel blades, and other sharp objects that have cut or pierced the
skin or have been in contact with infectious age
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional facilities and from community activities.
SANITIZATION
The reduction of the population of microorganisms to safe
levels as determined by public health officials.
STERILIZATION
Process of destruction of all forms of life by physical or
chemical means.
TATTOO
The indelible mark, figure or decorative design introduced
by insertion of nontoxic dyes or pigments into or under the subcutaneous
portion of the skin of a human being.
TATTOO FACILITY
Any room or space where tattooing is practiced or where the
business of tattooing is conducted or any part thereof.
TATTOOING
The process by which the skin is marked or colored by insertion
of nontoxic dyes or pigments into or under the subcutaneous portion
of the skin so as to form indelible marks for cosmetic, medical or
figurative purposes.
TEMPORARY TATTOO/BODY PIERCING FACILITY
A tattoo/body piercing facility that operates at a fixed
location for a period of time of not more than seven consecutive days
in conjunction with a single event or celebration.
If any section, subsection, sentence, clause,
phrase or portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Borough Council of Upland or a committee appointed by the Borough
Council, provided that such person shall file in the office of the
Borough Manager/Secretary a brief statement of the grounds therefor
within seven days after the day the notice was served. Upon receipt
of such petition, the Borough Council, or its appointed committee,
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The petitioner shall be notified of the hearing date
not later than seven days after the day on which the petition was
filed, and the hearing shall commence not later than 30 days from
said notice. After the hearing, the Borough Council, or its appointed
committee, may sustain, modify or withdraw the notice of the violation
on the basis of the finding of the hearing and shall give the petitioner
written notice thereof. Such proceedings shall be summarized in writing
and shall become a matter of public record in the office of the Borough
Manager/Secretary. Such record shall also include a copy of every
notice or order issued in connection with this matter. If the appointed
committee hears the petitioner, and makes a decision which the petitioner
rejects, the petitioner shall have the right to appeal to the entire
Borough Council within five days of receiving the notice asking the
entire Borough Council to hear the case and make the ruling. Any person
aggrieved by the decision of the Borough Council may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this state.
Any notice served pursuant to §
160-12A of this chapter shall automatically become an order if a written petition is not filed in the office of the Borough Manager/Secretary within seven days after such notice is filed.
Whenever the Board of Health finds that there
exists any violation of this chapter which creates an emergency requiring
immediate correction to protect the health or safety of the public,
the Board of Health may issue an order reciting the existence of such
an emergency and require that such action be taken as he/she deems
necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately but, upon
petition to the Borough Council, shall be afforded a hearing as soon
as possible. After such hearing, depending upon the findings of the
Council as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with,
the Board of Health shall continue such order in effect, modify or
revoke it.
The Board of Health is hereby authorized and
directed to make inspections of the conditions of the tattooing and/or
body-piercing facilities located in the Borough of Upland. Said inspections
will be carried out on an annual basis, and as required by the provisions
of this chapter. Upon display of proper identification, the Board
of Health is authorized to enter, examine and survey such facilities
during any normal business hours.