[HISTORY: Adopted by the Township Committee of the Township
of Winslow 2-24-98 as Ord. No. 0-2-98. Amendments noted where applicable.]
A.
COUNTY HEALTH OFFICER — The Camden County Public Health Coordinator
or his authorized representative of Camden County Department of Health
and Human Services.
B.
CERTIFICATE OF INSPECTION — Written approval from the county
health officer or his authorized representative that said tattooing
and/or body piercing establishment has been inspected and meets all
of the terms of this chapter.
C.
OPERATOR — Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing or body piercing
is performed and any individual who performs or practices the above
on the person of another.
D.
TATTOO, TATTOOED or TATTOOING — Any method of placing designs,
letters, scrolls, figures, symbols or any marks under the skin by
the aid of needles or any other instruments designed to puncture the
skin.
E.
BODY PIERCING — Piercing the skin for the express intention
of insertion of any object, including but not limited to jewelry;
provided, however, that the piercing of the lobes of the ears shall
be specifically excluded from the purview of the chapter.
F.
ESTABLISHMENT — The premises wherein tattooing or body piercing
is performed.
G.
CERTIFICATE OF REGISTRATION — The certificate held by an operator
upon registration with Camden County Health Department by meeting
the required provisions of this chapter.
A.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Township Clerk of the Township
of Winslow to engage in such business in accordance with the provisions
hereof. Also, it shall be unlawful for any operator to engage in the
practice of tattooing or body piercing without first obtaining a certificate
of registration from the Camden County Health Department.
B.
Persons applying shall submit to the Camden County Health Department,
a medical certificate issued by a physician duly licensed to practice
medicine and surgery in the State of New Jersey, stating that the
prospective licensee or registrant is free from all contagious or
communicable diseases or conditions which may endanger the health
of the client.
C.
Municipal license. The annual license fee for engaging in the business
of operating a tattooing and/or body piercing establishment within
the Township of Winslow shall be fifty dollars ($50.) per year. Any
person, firm or corporation desiring to engage, or presently engaged,
in the tattooing or body piercing business shall first apply to the
Municipal Clerk of the Township of Winslow, in writing, on forms supplied
by the Municipal Clerk of this municipality, for said purpose. The
application to the municipality shall be accompanied by the license
fee and shall set forth the following:
(1)
Name and address of the applicant.
(2)
Local and permanent addresses and telephone number of the applicant.
(3)
Name, local address and telephone number of the manager of the business
if different from applicant.
(4)
If the applicant is a corporation, the name and address of its registered
agent.
(5)
Federal Employer Identification Number if applicant is a corporation,
partnership or firm; Social Security Number if applicant is a sole
proprietorship.
(6)
Certificate of inspection and certificate of operator registration
issued by the Camden County Health Department as parts of the application
documents.
All licenses shall expire on the last day of each calendar year.
Any change of ownership shall require a new application and license
with payment of fees therefor.
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Each tattooing and body piercing business license issued by
the Clerk of the Township of Winslow shall contain a license number
and no such license shall be transferable. If a renovation of the
tattooing or body piercing establishment is anticipated after acquisition
of the annual license, plans must be submitted to the Camden County
Health Department and the applicant will be required to comply with
the provisions of this chapter.
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D.
Operating registration: An applicant shall submit a floor plan of
the establishment to the Camden County Health Officer prior to initiation
or construction and shall receive a pre-opening inspection. All establishments
shall be subject to a periodic compliance and/or annual inspection
by the Camden County Health Department. Every operator shall be registered
with the Camden County Health Department and shall acquire a certificate
of registration upon payment of a fee prior to business operation
or practice. Fees for a plan review, inspections and operator registration
shall be payable to the County and established by the Camden County
Board of Chosen Freeholders. These fee schedules are available from
the Office of the County Health Officer.
E.
Nothing in the foregoing shall be construed so as to affect the practice
of medicine and surgery or any other recognized profession or occupation
by a person duly licensed by the State of New Jersey to engage in
such practice, profession or occupation and whose license would lawfully
authorize the tattooing or body piercing.
F.
Nothing in the foregoing shall be construed to indicate that an applicant
or operator is not required to comply with the Township of Winslow's
Land Use and Development Ordinance or Zoning Ordinance.
A.
It shall be a violation of this chapter for anyone or any tattooing
or body piercing business to tattoo or pierce the body of an individual
under eighteen (18) years of age without the written consent and authorization
signed by the parent or legal guardian of the minor as witnessed by
the operator. In addition, the parent or legal guardian signing the
written consent/authorization for the minor shall be present at the
time of the tattooing or body piercing. The operator shall be responsible
for maintaining the original consent form for a period of two (2)
years beyond the recipient's eighteenth (18th) birthday.
B.
If the applicant is suspected to be under the influence of alcohol,
drugs or any other behavior modifying substance, the operator must
refuse the applicant.
C.
Inquiry shall be made for anyone with a history of recent jaundice,
hepatitis B or HIV/AIDS and the person shall not be tattooed or body
pierced.
D.
Each person wishing to be tattooed or pierced must fill out an application
which will include the name, date of birth, address and telephone
number of the client as well as the design and location(s) of the
tattoo(s) or piercing(s). The operator shall verify applicable information
from a valid photo ID of the applicant and so noted on the application.
All records regarding tattooing or body piercing are to be maintained
for a minimum of two (2) years.
E.
No person or operator shall state or imply, in any advertisement,
that the tattooing or body piercing establishment is endorsed or approved
by the Camden County Health Department or Township of Winslow in compliance
with terms of this chapter.
A.
No person, partnership, firm nor corporation engaged in the tattooing
or body piercing business shall be issued a municipal mercantile license
to engage in such activity unless the premises at which such activity
is to be conducted and the equipment to be utilized in conjunction
therewith meet the following standards and inspected/approved by the
Camden County Health Department:
(1)
Each tattooing and/or body piercing facility shall have a bathroom
accessible to the client and staff. Each bathroom shall be equipped
with a commode and a sink with the sink being connected to hot and
cold running water. Soap and sanitary towels, or other approved hand
drying devices shall be available at the sink at all times. Common
towels are prohibited. In addition to the above, each tattooing or
body piercing cubicle or work station must be provided with a sink
connected to hot and cold running water. This area shall also be provided
with soap and appropriate hand drying devices.
(2)
The chair, seat or exam table reserved for the person receiving the
tattooing or body piercing shall be of a material that is smooth and
easily cleanable and constructed of material that is nonabsorbent.
Any surfaces on the chair, seat or exam table that become exposed
to blood or body fluids must be cleaned and sanitized prior to use
by the next customer.
(3)
The work table or counter used by the operator shall be smooth and
easily cleanable and constructed of material that is nonabsorbent.
There shall be a covered junction between the table/counter and the
wall if the table/counter is to be placed against the wall. This table/counter
must be cleaned and sanitized or use single-use disposable sheets,
utilizing a method approved by the Camden County Health Department,
between customers.
(4)
The walls in the tattooing or body piercing area shall be smooth
and easily cleanable and constructed of nonabsorbent materials. Floors
shall be kept clean.
(5)
Lighting within the tattooing or body piercing area shall be adequate
so as to provide a minimum of 100 foot candles in all areas.
(6)
The work area reserved for the tattooing or body piercing shall not
be less than one hundred (100) square feet and shall be separated
from other areas of the establishment by walls or durable partitions
extending at least six (6) feet in height.
(7)
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized using a method approved
by the Camden County Health Department.
(8)
Products used in the cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on-site from larger containers must be clearly
marked with the name of the product.
(9)
Proper waste receptacles shall be provided and waste disposed of
at appropriate intervals.
A.
Tattooing or body piercing operators:
(1)
All operators while performing services shall neither be under the
influence of alcohol or drug, nor be infected with Hepatitis B, HIV/AIDS,
contagious dermatitis or any other communicable disease.
(2)
Hepatitis B pre-exposure vaccination or proof of immunity is required
for all operators. If a person cannot obtain the vaccination for medical
reasons, he/she shall submit to the Camden County Health Department
a letter from his/her physician certifying that the individual does
not have Hepatitis B and vaccination is contraindicated. This certification
shall be annually renewed. Any accidental needle stick injury shall
be immediately reported to the Camden County Health Department.
(3)
All tattooing or body piercing operators shall attend a training
program sponsored by the Camden County Health Department to assure
basic knowledge on sterile technique and universal precautions.
(4)
Before working on each patron, each operator shall scrub and thoroughly
wash his/her hands with hot water and antiseptic soap. The hands shall
be dried with individual, single-use towels. Fingernails shall be
kept clean and short.
(5)
Disposable vinyl or latex gloves shall be worn by the operator during
tattooing or body piercing preparation and application to prevent
contact with blood or body fluids. Universal precautions as described
by the US Centers for Disease Control and Prevention (CDC) shall be
followed. All materials shall be disposed of in accordance with waste
disposal provisions of this ordinance after contact with each patron.
Hands shall be washed immediately after removal of gloves. Any skin
surface that has contact with blood shall be washed immediately.
(6)
Immediately after tattooing or piercing a patron, the operator shall
advise the patron on the care of the site tattooed or pierced and
shall instruct the patron to consult a physician at the first sign
of infection. Printed instructions regarding these points shall be
given to each patron by the operator.
(7)
All infections resulting from the practice of tattooing or body piercing
which becomes known to the operator shall be promptly reported to
the County Health Officer by the person owning or operating the body
piercing establishment or by the operator.
B.
Skin preparation.
(1)
Tattooing or body piercing shall be done only on normal healthy skin
surface that is free of cuts, wounds, rashes, boils, pimples, moles
or infection, or manifests any evidence of unhealthy conditions.
(2)
Only safety razors with disposable blades shall be used for the skin
preparation. Blades shall be disposed of according to the waste disposal
procedure of this chapter after each use and a new blade used for
each patron.
(3)
Following shaving, the tattooing area shall be thoroughly cleansed
and scrubbed with tincture of green soap or its equivalent and warm
water. Before placing the tattoo design or body piercing on the patron's
skin, the area shall be treated with seventy percent (70%) alcohol
and allowed to air dry. A single-use sponge shall be used to scrub
the area.
(4)
Only petroleum jelly (U.S.P. or National Formulary) or antiseptic
ointment shall be applied to the tattoo area prior to tattooing. The
ointment shall be applied in a sanitary manner, disposing of the utensil
after spreading. Collapsible tubes of ointment or jelly may also be
used.
(5)
Design stencils shall be thoroughly cleansed and rinsed in an approved
germicidal solution for at least twenty (20) minutes or disposed of
following each use.
(6)
Only non-toxic dyes or pigments may be used. Premixed sterile materials
are preferred. Pre-mixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Camden County Health
Department of the non-toxicity of the dyes or inks at the time of
license application and renewal.
(7)
No skin area shall be penetrated, abraded or treated with chemicals
for the purpose of removing, camouflaging or altering any blemish,
birthmark, scar or tattoo.
(8)
Earpiercing guns may not be used for body piercing, but may only
be used for piercing of the ear lobes.
C.
Needles, instruments and supplies.
(1)
All clean and ready-to-use needles, gloves, gauze and instruments
shall be kept in a closed glass or metal case or storage cabinet while
not in use. Such cabinet shall be maintained in a sanitary manner
at all times.
(2)
Single service sterilized needles shall be used.
(3)
If needles and needle bars are to be used, these items shall be steam
sterilized (autoclave) before reuse on any customer. Any other method
of sterilization shall be approved by the County Health Officer.
(4)
The sterilizer shall be well-maintained with a tight-fitting gasket
and a clean interior.
(5)
The manufacturer's operating instructions and the sterilization
specification shall be at hand. The operation of the sterilizer shall
conform to the manufacturer's specifications with regard to temperature,
pressure and time of the sterilization cycle.
(6)
Proper functioning of sterilization cycles shall be verified.
(7)
Each item to be sterilized shall be individually wrapped using a
chemical indicator or strip to verify steam exposure.
(8)
Any needle that penetrates the skin of the operator shall be immediately
disposed of in accordance with the waste disposal procedure of this
ordinance.
(9)
If the primary source of sterilization malfunctions, the County Health
Officer shall be notified within twenty-four (24) hours. In an emergency
situation, the Camden County Health Officer may Approve the alternate
sterilization techniques.
D.
Disposal of wastes.
(1)
Needles shall not be bent or broken prior to disposal. Operators
shall take precautions to prevent puncture injuries from contaminated
needles. Needles shall be disposed of directly into a solid puncture
resistant container.
(2)
These medical wastes shall be disposed of by an authorized contractor
as per the New Jersey Department of Environmental Protection's
regulation.
(3)
If blood contaminated gloves, gauze and other materials are sterilized
by autoclaving, these wastes can be placed for off-site waste collection.
When it appears to the County Health Officer that the operation
of the tattooing or body piercing establishment poses an immediate
and imminent threat to the public health and safety such that irreparable
harm will occur if the tattooing or body piercing establishment is
not immediately closed, the County Health Officer shall have the power
to order the immediate closure of the tattooing or body piercing establishment
until such time that the violations complained of have been corrected.
Notice of same shall also be provided to the Township of Winslow.
A.
Any person, partnership, firm or corporation who knowingly tattoos
or engages in body piercing of a minor under the age of eighteen (18)
years without first having obtained a written permission of the minor's
parent or legal guardian or, if neither exists, a person who stands
in place of a parent, shall have committed a disorderly person's
offense and shall be subject to a fine of not more than one thousand
dollars ($1,000.) for each violation. Any person, partnership, firm
or corporation who violates any other provision of this chapter shall
be subject to a fine of not less than two hundred fifty dollars ($250.)
nor more than one thousand dollars ($1,000.) for each violation of
this chapter or imprisonment in the county jail up to ninety (90)
days, or both. Each day that the violation exists is considered to
be a separate offense.
B.
Reasonable counsel fees incurred by the Camden County Health Department
in the enforcement of this chapter shall be paid by the defendant.
The amount of such reimbursable fees and costs shall be determined
by the Court hearing the matter.
C.
In addition to being subject to the penalties provided herein, any
license or certificate of registration issued under this chapter may
be revoked or suspended for any intentional misstatement in any application
or for any violation of this chapter. No license shall be revoked
or suspended until the licensee has been afforded a hearing. Notice
of the filing of a complaint which seeks to suspend or revoke any
license or certificate of registration issued under this chapter shall
be served on the defendant personally or on the person designated
to receive service of this chapter. This notice will establish a date
for a hearing to be held not more than ten (10) days from the date
of such notice, at which time the defendant shall have the right to
be represented by counsel, call witnesses, cross-examine witnesses
produced in support of the complaint, as well as other rights necessary
in order to insure due process. Should any license or certificate
of registration be revoked or suspended, no part of the license or
registration fee shall be returned.