[HISTORY: Adopted by the Town Board of the Town of North
Castle 4-8-1998 by L.L. No. 6-1998 (Ch. 182 of the 1987 Code). Amendments
noted where applicable.]
The Town Board has noted that § 260.21 of the Penal
Law provides that it is a misdemeanor to mark the body of a child
less than 18 years old with indelible ink or pigments by means of
tattooing. It is also the experience of the Town of North Castle Police
Department that prohibitions of certain activities based solely on
age prove difficult and impractical to enforce and that the Town lacks
the resources and personnel to properly supervise these age-limited
activities. In addition, there is evidence that the practice of tattooing,
when improperly done and state guidelines are not followed, can create
health risks, particularly of serum hepatitis. However, the Town lacks
the resources to implement and staff an effective regulatory scheme
of licensing and inspection of tattoo establishments. Accordingly,
the Town Board finds that in this Town the enforcement of the above-referenced
provision of the Penal Law is difficult and impractical and the Town
cannot effectively license and monitor tattoo establishments. Therefore,
as a means to protect the public, the Town finds it necessary to impose
a ban on this commercial activity.
It shall be unlawful for any person to tattoo a human being
within the Town of North Castle for pay or compensation of any kind,
except that tattooing may be performed for medical purposes by a person
licensed or otherwise authorized pursuant to the Education Law to
practice medicine or osteopathy.
[Amended 4-29-2020 by L.L. No. 3-2020]
A violation of the provisions of this chapter
shall be punishable by a fine not to exceed $1,000 or by imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each day in which
any such violation shall continue shall be deemed a separate offense.
