City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 5-6-1998 by Ord. No. R-311. Amendments noted where applicable.]
The City of Hoboken's purpose in enacting this chapter is to exercise its power to protect the health, safety, and welfare of its citizens from the dangers inherent in tattooing. Tattooing involves the exposure of blood and bodily fluid. As a result, tattooing presents substantial risks of medical problems including, for example, infection, as well as the transmission of hepatitis B.
As used in this chapter:
A heat sterilization machine regulated by the Food and Drug Administration used to sterilize all non-disposable instruments.
[Added 8-19-1998 by Ord. No. R-328]
A permanent mark or design made on the skin by the introduction through or into the skin and thereby ingraining therein, an indelible dye or pigment, whether by the use of needle or by any other means.
[Added 8-19-1998 by Ord. No. R-328]
Any place, premises, building, part of building, cellar, basement, room or establishment in which the skin is permanently discolored by the intentional introduction of pigments into the dermis, or in which indelible or permanent marks or scars are applied to the human body.
One who engages in the placing or making of a tattoo on the skin of another, whether for compensation or not.
[Added 8-19-1998 by Ord. No. R-328]
Except as provided in Section 183-4 of this chapter, it shall be illegal to own or operate a tattoo parlor within the City of Hoboken.
Tattoo parlors already established and in operation in the City of Hoboken as of the date on which this chapter shall take effect shall not be prohibited pursuant to this chapter but shall be subject to the provisions of Chapter 115 and Chapter 128, Article I, of the Code of the City of Hoboken.
[Added 8-19-1998 by Ord. R-328]
A tattooist shall not tattoo:
A person who has not reached 18 years of age or older who must provide a notarized document from their parent or legal guardian giving permission for any services rendered by said establishment. The parent or legal guardian shall personally submit said document to establishment which shall keep said document on file for a period of two years; or
A person whom the tattooist suspects is under the influence of alcohol or drugs.
[Added 8-19-1998 by Ord. No. R-328]
Patrons must complete a consent form approved by the Health Officer prior to receiving service of tattooist.
Patrons must be provided with detailed instructions for the care of tattoos.
Establishment shall not commence business before 8:00 a.m. nor after 10:00 p.m.
An autoclave approved by the Health Officer shall be located on premises. The autoclave must be tested for efficacy on a monthly basis. Proper signage shall be posted in prominent manner to apprise the public of the existence and results of the testing and to invite them to review said results.
All needles and instruments shall be kept clean in a dust-tight container when not in use.
All reusable, stainless steel instruments must be autoclaved in appropriate dated, sealed sterile bags with indicator strips fully visible. Bags left unopened in a closed container, for longer than 30 days must be re-autoclaved. Immediately after use, the tool is to be placed in a lidded, nonporous container to await detergent soak, ultrasonic cleaning, drying and bagging, prior to autoclaving. This container must be disinfected at least daily.
A tattooist shall acquire and utilize disposable instruments instead of reusable instruments.
All workers shall take and successfully pass a Blood Borne Pathogens course and Basic First Aid course offered by the American Red Cross or other approved agency. A copy of the certificates of completion, along with a photo of the worker shall be placed in a conspicuous place near the front entrance of said establishment. The establishment shall implement the Occupational Safety and Health Act ("OSHA") Blood Borne Pathogens Standard 29 CFR #1910.1030, and provide a written Exposure Control Plan which shall be maintained on the premises and which shall be provided to the public for inspection upon request.
Tattooist shall use tools and equipment that have been properly sterilized and kept in a sterile condition. Tattooist shall sterilize tools and equipment used on one client before using them on another client.
Sterilization shall be accomplished by:
Steam pressure treatment in an autoclave; or
Any other method approved in writing by the Health Officer.
Dry heat, Glass Bead or pressure cookers are not acceptable methods of sterilization.
Between providing service to each patron, all work surfaces and non-autoclaved equipment (e.g., tattoo gun) used in the process must be cleaned with a germicidal solution or 70% ethyl alcohol.
Prior to servicing patrons, a tattooist must thoroughly wash hands and arms up to the elbow, and scrub nails with a nail brush using a sufficient amount of antibacterial soap, under potable running water for a period of at least 20 seconds, then rinse and dry hands with a disposable paper towel. Cloth towels are not permitted for hand-washing purposes. After thoroughly washing and drying hands as described above, the tattooist shall put on clean, single-use disposable latex or equivalent gloves. Such gloves are for one time use only and shall be properly disposed of after each use.
Waste paper baskets, provided with lids and lined with disposable plastic bags are to be used for disposal of all single-use paper towels and other items which may be disposed of in this manner.
Needles must be autoclaved before use and may only be used on one patron and then immediately disposed of in an OSHA approved sharps container. Documentation of the yearly removal of full, sealed and labeled sharps containers by a licensed Regulated Medical Waste disposal service shall be maintained by the tattoo parlor licensee on premises and provided to the Health Officer. For the purposes of this subsection, "full" shall mean 2/3 full.
[Added 8-19-1998 by Ord. No. R-328]
A tattooist shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a tattooist uses.
[Added 8-19-1998 by Ord. No. R-328]
No person shall hinder the Health Officer or his designee from observing, reviewing, copying, requesting identification regarding any paperwork during the course of inspections of the premises pursuant to Chapter 115 of the Code of the City of Hoboken.
A person who owns, operates or maintains a tattooing establishment shall allow inspection of the establishment by the Health Officer or his designee at any time it is deemed necessary.
[Added 8-19-1998 by Ord. No. R-328]
A person holding a tattoo establishment license under this chapter of the Code of the City of Hoboken who intends to change the location of said establishment shall notify the Health Officer in writing of such intent not less than 30 days before the change is to occur.
[Added 8-19-1998 by Ord. No. R-328]
A person holding a tattoo establishment license under this chapter of the Code of the City of Hoboken may not sell or otherwise transfer said license to any other person or entity if the person holding the license is not in full compliance with federal law, state law or local ordinance.
Any person, firm, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or imprisonment for a period not to exceed 90 days, or both, but no fine imposed on any person for the violation of any provision of this chapter shall be less than $50.
Each day that a violation of the provisions of this chapter is permitted to continue shall constitute a separate violation and shall be punishable as such.
In the event that any section, subsection, or any part of this chapter shall be declared invalid, such decision shall not be deemed to affect the validity of any other section, subsection, or other part of this code.
All ordinances or parts of same inconsistent with any provisions of this chapter are hereby repealed to the extent of such inconsistency.