It is hereby declared that the business of operating a tattoo
and body piercing studio, as defined in this chapter, is a business
affecting the public health, safety and general welfare of the Township
of Hamilton.
As used in this chapter, the following terms shall have the
meanings indicated:
BODY ART
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, the following techniques:
Branding, cutting and implants are not permitted forms of body
art pursuant to this chapter.
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BODY ART ESTABLISHMENT
Any place or premises, whether public or private, where the
practices of body art, whether or not for profit, are performed.
BODY PIERCING
The puncturing or penetration of the skin of a person using
pre-sterilized single use needles and the insertion of pre-sterilized
or disinfected jewelry or other adornment thereto in the opening.
BRANDING
The scarification through the application of a heated material
(usually but not always metal) to the skin, creating a serious burn
which eventually results in a scar.
CERTIFICATE OF INSPECTION
The written approval from the health officer or his or her
representative that said tattooing and/or body piercing establishment
has been inspected and meets all of the terms of this chapter.
CUTTING
A design cut into the skin or other scar tissue using a sharp
blade, leaving a scar. Often the design is immediately rubbed with
ink leaving a colored scar.
EAR PIERCING
The puncturing of the ear lobe and the trailing edge of the
ear using a presterilized single use stud and clasp ear piercing system
following the manufacturer's instructions.
EMANCIPATED MINOR
Any person under 18 years of age that has been freed from
the legal authority, care, custody and control of another by the effect
of a written law or court order.
HEALTH OFFICER
The Township of Hamilton Health Officer or his or her authorized
representative.
IMPLANT
Any object implanted fully under the skin.
OPERATOR
Any individual, partnership, firm, corporation or otherwise,
or the aforesaid's designee, having ownership, control or custody
of any place of business or employment and who manages the day-to-day
operations of a body art establishment.
PERSON
One or more individuals, legal representatives, partnerships,
joint ventures, associations, corporations, business trusts, or any
organized group of persons.
PERSONAL IDENTIFICATION
A document or other written or memorialized instrument setting
forth the presenter's true name, address, correct age, or other
identifying data, examples of which include, but are not limited to,
a driver's license, credit card issued by a national company,
birth certificate, passport, employment identification card, or any
instrument issued by a governmental agency setting forth the pertinent
and required information.
PRACTITIONER
Any person that performs the act of tattooing, permanent
cosmetics and/or ear and body piercing.
SANITIZE
To reduce or eliminate pathogenic agents on surfaces by a
process which is effective in reducing the number of microorganisms
to a safe level.
SINGLE USE
Products or items that are disposed of after use on each
client, including, but not limited to, cotton swabs or balls, tissues
or paper products, paper or plastic cups, gauze and sanitary covering,
razors, needles, scalpel blades, stencils and ink cups.
STERILIZATION
The antimicrobial destruction of all forms of micro-biotic
life, bacterial, viral, fungi or otherwise, including spores, through
the use of a steam sterilizer or autoclave.
TATTOO, TATTOOED, or TATTOOING
Any method of placing ink or other inert pigment into or
under the skin or mucosa by the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of permanent cosmetics.
TOWNSHIP
The Township of Hamilton, County of Mercer.
No person shall engage in the business of operating a body art
establishment unless or until such person has obtained a license for
such body art establishment from the Division of Health in accordance
with the terms and provisions of this chapter.
Applications for licenses and annual licenses for all Body Art Establishments are set forth in Chapter
215, Fees, of the Township Code.
Notwithstanding the provisions of §
133-8D, the following shall be cause for, at a minimum, a seven-day suspension:
A. Failure to report to the Division of Health within 24 hours any infection
or injury requiring a medical referral;
B. Performing a body art procedure on any person under the age of 18
years of age, without the presence, written consent, and proper identification
of a parent or legal guardian;
C. Failure to notify the Division of Health within 24 hours of a positive
biological indicator test result of the autoclave; and
D. Using an ear piercing instrument for any part of the body other than
the ear lobes and trailing edge of the ear.
The license and inspection placard shall be displayed in a conspicuous
place readily visible to the clients upon entering the main entrance.
Every establishment shall comply with the following:
A. The requirements set forth in N.J.A.C. 8:27-1 et seq., or as same
may be amended.
B. Hours of operation. No such body art establishment shall begin operations
before 8:00 a.m. or continue after 9:00 p.m. Sunday through Thursday,
or continue after 10:00 p.m. on Friday and Saturday.
Whenever notice is given pursuant to this chapter, such notice
may be effected by personal service upon the licensee if the licensee
is an individual, upon any general partner if the licensee is a partnership,
or upon any corporate officer, if the licensee is a corporation, by
certified mail, return receipt requested, to the last address listed
in the Division of Health's office in conjunction with the license
information. It shall be the duty of each licensee to keep the Division
of Health advised of any subsequent change of address. Upon failure
of a licensee to comply with this requirement, any notice returned
with the notation "unknown", "moved", or "not claimed" shall be deemed
proper service of all notices required by this chapter.
The provisions of this chapter shall not apply to any physician
who is authorized by the State Board of Medical Examiners to practice
medicine pursuant to N.J.S.A. 45:9-1 et seq., and N.J.S.A. 26:1A-9
et seq., or as same may be amended.
An operator or practitioner who violates any provision of this chapter shall be subject to enforcement action authorized by this chapter, N.J.A.C. 8:27-1 et seq., civil penalties as provided by N.J.S.A. 26:1A-10 and all other applicable law and/or injunctive action as provided by law, including but not limited by Chapter
1, General Provisions, §
1-2 of the Township Code.
In the event that any portion of this chapter is found to be
invalid for any reason by any Court of competent jurisdiction, such
judgment shall be limited in its effect only to the portion of the
chapter actually adjudged to be invalid, and the remaining portions
of this chapter deemed severable therefrom shall not be affected.