As used in this chapter, the following terms shall have the
meanings indicated:
BODY PIERCING
The piercing or puncturing of the skin, cartilage, bone or
other tissue on the human body, but not including ear lobe piercing.
CERTIFICATE OF INSPECTION
Written approval from the Health Officer or his/her authorized
representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this chapter.
EAR LOBE PIERCING
The puncturing of the lobe of the ear or the trailing edge
of the ear using a pre-sterilized single-use stud and clasp ear-piercing
system following manufacturer's instructions.
ESTABLISHMENT
The premises wherein tattooing or body piercing is performed.
HEALTH OFFICER
The Borough of Chester Health Officer or his/her authorized
representative or designee.
OPERATOR
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing or body piercing
is performed, and any individual who performs or practices the art
of tattooing or body piercing on the person of another.
SANITIZE
A bactericidal treatment of cleaned surfaces by a process
which is effective in reducing the number of microorganisms to a safe
level.
SINGLE SERVICE
Products or items that are disposed of after use on each
client, including but not limited to cotton swabs or balls, tissues
or paper products, paper or plastic cups, gauze and sanitary coverings,
razors, needles, scalpel blades, stencils and ink cups.
STERILIZATION
Destruction of all forms of microbiotic life, including spores.
TATTOO, TATTOOED or TATTOOING
Any method of placing designs, letters, scrolls, figures,
symbols or any marks upon or beneath the skin with ink or any other
substance resulting in the marking or coloration of the skin, by the
aid of needles or any other instruments designed to puncture the skin.
All used needles, needle bars or other tools used in the tattooing
process, as well as gloves, gauze and other materials contaminated
with blood or body fluids, shall be removed through the use of a licensed
medical waste hauler in accordance with applicable law. All establishments
shall manage contaminated (body fluids) contact waste materials as
medical waste pursuant to N.J.A.C. 7:26-3A.8. All establishments shall
be licensed with the State of New Jersey as a medical waste generator,
pursuant to N.J.A.C. 7:26-3A.8 prior to approval from the Borough.
The following prohibitions apply to all operators and establishments
covered by this chapter:
A. Body branding and/or scarification shall not be performed.
B. Implants under the skin shall not be performed.
C. No person shall perform genital piercing upon a person under 18 years
of age regardless of parental consent.
D. Operators shall refuse service to any person who, in the opinion
of the operator, is suspected to be under the influence of alcohol,
drugs or any other behavior-modifying substance.
E. No person shall display a sign or in any way advertise or purport
to be a tattoo artist or body piercer or to be engaged in the business
of tattooing or body piercing without first obtaining a license for
the facility as provided herein.
No person or operator of any establishment shall state, represent,
warrant or imply to customers, potential customers or the public at
large that the tattooing and body piercing establishment is endorsed
or its operations approved by the Borough of Chester.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $2,000 or imprisonment not exceeding 90 days or community service not exceeding 90 days, or any combination thereof for each violation as set forth in §
1-17 of the Borough Code. Each day that the violation exists is considered to be a separate offense. Reasonable counsel fees incurred by the Borough of Chester in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter. After due notice and hearing, the Board may suspend or revoke any license issued under this chapter for violation of the provisions herein.