The City of Oneonta hereby finds and declares the need to protect
its citizens through greater supervision of tattooing and tattoo businesses
due to the absence of, or pending, state regulation. The City recognizes
that the threat of spreading bloodborne disease through shared tattoo
needles and other aspects of the tattoo process has the potential
for negatively 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 tattoo industry.
As used in this chapter, the following shall be defined as such:
MINOR
Any person under the age of 18 years of age.
TATTOO
To mark or color the skin by pricking or coloring matter
so to form indelible marks or figures or by the production of scars.
TATTOO STUDIO
Any room or space where tattooing is practiced or where the
business of tattooing is conducted or any part thereof.
THIRD-PARTY TATTOOIST
Any person who performs tattooing in the City of Oneonta
in an established place of business but is not an employee of said
established place of business.
No licensee shall keep such tattoo studio open to operate same
after the hour of 11:00 p.m. and before 8:00 a.m.
Any person engaged in the business of tattooing 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 tattoo on the body.
C. A statement signed by the customer acknowledging that they may be
temporarily prohibited from donating blood under applicable rules
and regulations of the American Red Cross or other regulatory agencies.
D. The information contained in Subsections
A through
C above shall be recorded in the customer register prior to the commencement of the tattoo procedure or any preparation thereof.
E. Any tattooist operating in the City of Oneonta shall be provided
a copy of a publication entitled "Guidelines for the Prevention of
Blood Borne Disease During Tattooing," distributed by the Bureau of
Disease Control of the New York State Department of Health dated August
1993 (or subsequent additions or publications of same). Said regulations
will be provided to the applicant when application materials are requested.
Said materials shall be posted in a conspicuous and public place within
the establishment. Failure to comply with these guidelines shall constitute
a violation of this chapter.
F. It is understood that the tattooist will use whatever equipment as
is required by industry practices or, when appropriate, New York State
law or regulation.
G. 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.