The City of Oneonta hereby finds and declares the need to protect
its citizens through greater supervision of body piercing, branding
and scarification businesses due to the absence of, or pending, state
regulation. The City recognizes that these activities may have the
potential for adversely affecting the health and safety of the general
public. The City of Oneonta realizes its obligation to protect the
health and safety of its citizens and hereby regulates the body piercing,
branding and scarification industry.
As used in this chapter, the following shall be defined as such:
BODY PIERCING
The penetration of human skin by any method which is intended
to result in a permanent entrance and exit point on the body.
BODY PIERCING STUDIO
Any room or space where body piercing is practiced or where
the practice of body piercing is conducted or any part thereof.
BRANDING
The use of heat, cold or any chemical compound to imprint
permanent markings on human skin by any means other than tattooing.
MINOR
Any person under the age of 18 years of age.
SCARIFICATION
The cutting or tearing of human skin for the purpose of creating
a permanent mark or design on the skin.
THIRD-PARTY BODY PIERCER
Any person who performs body piercing in the City of Oneonta
in an established place of business but is not an employee of said
established place of business.
Branding and scarification are prohibited in the City of Oneonta.
No licensee shall keep such body piercing establishment open
to operate same after the hour of 11:00 p.m. and before 8:00 a.m.
Any instrument or device used for body piercing shall be maintained
in a clean and dust-free container. If an instrument is used more
than once, such instrument shall be sterilized or disinfected prior
to each use. Any disinfectant used shall be in a solution certified
as sporicidal, virucidal, bactericidal, tuberculocidal, pseudomonacidal
and fungicidal.
Any person engaged in the business of body piercing shall maintain
a register of customers, including the following information:
A. The name, address and age of the customer. The manner and proof of
identity and the manner and proof of age of the customer shall be
recorded.
B. A description of the body piercing, to include its placement on the
body.
C. The information contained above shall be recorded in the customer
register prior to the commencement of the body piercing procedure
or any preparation thereof.
D. It is the ultimate responsibility of the license holder to renew their license prior to its expiration. Failure of license holder to renew their license is a violation of this Code and becomes punishable as provided in §
1-18 of this Code.
The City Health Officer or designee shall have the power to
inspect the customer register immediately upon request.
The Code Enforcement Officer shall be the primary enforcement
officer of this chapter. The City of Oneonta Health Officer is also
authorized to assist the Code Enforcement Officer with the enforcement
of this chapter.
Any person violating any provision of this chapter shall be punished as provided in §
1-18 of this Code. Each day that a violation exists shall be deemed a separate violation of this chapter.