As used in this chapter, the following terms shall have the
meanings indicated:
BOARD OF HEALTH
The Board of Health of the Borough of Hawthorne or its duly
authorized agent, officer or inspector.
CERTIFICATE OF INSPECTION
Written approval from the Board that said tattoo studio has
been inspected and meets all of the requirements of this chapter.
LICENSE TO OPERATE
A license issued to the owner of a tattoo studio to operate
a business under the provisions of this chapter.
OWNER
Any person that owns and/or operates an establishment where
tattooing is performed.
PERSON
An individual person, partnership, corporation, limited liability
company or any other enterprise or entity capable of conducting a
business.
SHARPS
Any instrument or part thereof which cuts, penetrates or
pierces the skin of a patron, including scalpels, needles, syringes
or any form of injection devices.
TATTOO or TATTOOING
To mark or color the skin by pricking or by subcutaneous
introduction of nontoxic dyes or pigments so as to form indelible
marks or figures, or by production of scars.
TATTOO STUDIO
Any premises where a tattoo artist does tattooing for a fee
or other consideration.
No person shall operate a tattoo studio unless such person has
registered such tattoo studio with the Board of Health and has received
a certificate of inspection. No certificate of inspection shall be
issued unless the studio was inspected by the Board of Health and
found to be in compliance with the requirements of this chapter.
In the event of any material violation of the provisions of this chapter by a tattoo studio, the Health Officer of the Borough of Hawthorne shall give due notice to the tattoo studio advising as to the nature of the violation and providing for a reasonable time within which to remedy the violation. If the tattoo studio fails to remedy the violation within the time frame provided by the Health Officer, or in the event that the tattoo studio has committed repeated violations of this chapter, then, in addition to any other penalty that may be imposed by §
461-7, after due notice and hearing before the Municipal Council of the Borough of Hawthorne, the Municipal Council may suspend or revoke any license to operate a tattoo studio issued pursuant to this chapter for any material violation or repeated violations of the provisions of the chapter, permanently or for specific periods, or until such time as said violation is remedied.
In order to qualify for a certificate of inspection there must
be compliance with the following requirements:
A. The tattoo studio shall be so located or constructed as to prevent
the contamination of the work areas of the studio by dust from the
street or sidewalk.
B. The building and equipment shall be maintained in a state of good
repair at all times. All parts of the tattoo studio shall be kept
neat, clean and free from litter and rubbish.
C. Each tattoo studio shall have at least one individualized, enclosed
tattooing room, separate and apart from observers and waiting customers.
Tattooing and related activities shall not be performed in any other
part of the tattoo studio except in the tattooing room(s). Tattooing
rooms shall be used for no other purpose.
D. All floors located within the tattooing room(s) shall be smooth,
made of nonporous material and easily cleaned. Walls, ceilings and
floors shall be kept clean and free from dust and debris. The floor
shall be swept and wet mopped daily. Floors, walls or ceilings shall
not be swept or cleaned while tattooing is in operation.
E. Adequate light and ventilation shall be provided within the tattooing
room(s).
F. Each tattooing room shall contain a sink with foot pedals and/or
automatic hand sensors for the exclusive use of the tattoo artists
to wash their hands and prepare the customers for tattooing. The sink
shall be provided with adequate hot and cold running water. There
shall also be available at the sink approved soap, clean individual
towels and refuse containers. Individual ultrasonic cleaners shall
be provided by the owner at each station with single-service application.
G. Adequate toilet, urinal and hand washing facilities shall be available
on the studio premises for the use of customers and tattoo artists.
Toilets, urinals and handwashing facilities shall be maintained in
a sanitary condition at all times.
H. An adequate number of worktables shall be provided for each tattoo
artist. The surface of all worktables shall be constructed of metal
or other material which is smooth, nonabsorbent, corrosive-resistant
and easily sanitized.
I. The chair and/or table upon which a patron will be positioned during
the tattooing process shall be constructed whereby it is covered with
a smooth, nonporous material. Any portion of the chair and/or table
upon which a patron's exposed skin may come into contact with
shall be covered with sanitary tissue and/or paper towel which shall
be discarded upon completion of work on a patron. Following work being
performed on a patron, the patron's chair and/or table shall
be thoroughly cleaned with an antibacterial solution.
J. Each tattooing room shall have proper closed and locked cabinets
for the exclusive storage of instruments, dyes, pigments, carbon stencils
and other paraphernalia used in the studio.
K. Each tattooing room shall contain two refuse containers. One refuse
container shall be used exclusively for general waste materials. The
second refuse container shall be used exclusively for biohazardous
waste products. The biohazardous refuse container shall be clearly
marked.
L. All tattoo studios shall obtain a biohazard generator's license
issued by the State of New Jersey. All bloodsoaked products and sharps
shall be placed in clearly marked biohazardous refuse containers.
All biohazardous waste products shall be disposed of through a licensed
medical waste service.
M. No smoking shall be permitted in any tattoo studio.
N. The holder of a license to operate shall maintain proper records
of each patron. A record of each patron shall include the date on
which he/she was tattooed, his/her name and his/her signature, address
and age, the design of the tattoo and its location on his/her body,
the name of the tattoo artist who tattooed him/her and a photocopy
of a valid form of identification for each patron. These records shall
be entered in ink or indelible pencil in a bound book kept solely
for this purpose. This book shall be available at reasonable hours
for examination by the Board of Health and shall be preserved for
at least five years from the date of the last entry therein.
O. Interior design and floor plans for the tattoo studio must be submitted
to the Board of Health and approved prior to operation of the facility.
Nothing herein shall be deemed to regulate, limit, or prohibit
any conduct which may be engaged in as regular part of the care or
treatment of a patient by a physician, surgeon or other person duly
licensed by the State of New Jersey to practice medicine or any healing
art.
[Amended 6-6-2007 by Ord.
No. 1902-07]
Unless another penalty is specifically provided elsewhere in
the Code or in the law of the state or federal government, any person
who violates any provision of this chapter, any other chapter of this
Code or any other ordinance of the Borough shall, upon conviction,
be punishable by a fine of not more than $2,000 or imprisonment for
a term not to exceed 90 days or a requirement to perform community
service for a period not to exceed 90 days. Each day that such violation
continues shall be deemed a separate offense.