[HISTORY: Adopted by the City Council of the City of Amery 6-1-2022 by Ord. No. 05-2022. Amendments noted where applicable.]
A. 
This chapter is adopted pursuant Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS 221, to protect public health through enforcement of regulations which will promote safe and adequate care and treatment of individuals receiving tattooing or body piercing and eliminate or greatly reduce the danger of exposing these individuals to communicable disease or infection.
B. 
The City designated Health Department is hereby designated to act as the agent of the State Department of Safety and Professional Services (DSPS) for the purposes stated in Subsection A of this section.
C. 
The provisions of this chapter shall apply to the owner or operator of any tattoo or body piercing establishment in all areas of the county.
A. 
The definitions set forth in Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS 221, are adopted by reference to the extent applicable per Subsection B of this section.
B. 
The provisions of Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS 221, are adopted by reference as though fully set forth in this section to the extent applicable within the county. The express provisions of this chapter shall control when more restrictive than Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS 221, to the extent permitted by state law.
A. 
Required; term. No person shall operate a tattoo or body piercing establishment without obtaining a permit from the designated Health Department. The Health Department may issue only one permit per operator location. Permits shall expire on June 30 of each year following their issuance, except that permits initially issued during the period beginning on April 1 and ending June 30 shall expire June 30 of the following year.
B. 
Application; time for review and determination. Application for permits shall be made in writing to the Health Department on forms developed and provided by the Health Department. The Health Department shall either approve or deny the permit within 30 days after receipt of a complete application.
C. 
Pre-inspection required. No permits shall be granted to any person under this chapter without a pre-inspection by the Health Department of the premises for which the permit shall be granted. A pre-inspection shall only apply to and include consultation and a pre-opening inspection offered within a six-month period from the date of permit application to persons intending to operate a tattoo or body piercing establishment, or to a person intending to be the new operator of an existing tattoo or body piercing establishment, including a transferred license.
D. 
Conditional issuance. The issuance of a permit may be conditioned upon the permittee correcting a violation of this chapter within a specified period of time. If the condition is not met within the specified period of time, the permit shall be voided.
E. 
No issuance until violations are corrected. A permit will not be issued until all outstanding violations, noted during previous inspections, are corrected.
F. 
Violations may result in denial or revocation. The Health Department shall deny an application for permit or revoke or terminate the permit of any applicant or permittee that has, as the Health Department determines, repeatedly violated this chapter.
G. 
Issuance requires payment of all sums due. No permit shall be issued until all application fees, citations, or other applicable fees are paid.
H. 
Fees. Fees for issuance of permits, making investigations, inspections, training and technical assistance to establishments and costs required to be paid to the county for each permit issued shall be established by resolution of the county board of health and human services.
I. 
Fees for late renewal. If annual permit renewal applications with required fees are not submitted to the Health Department within 15 days after expiration of an existing annual permit, the department shall require the operator to pay a late penalty fee, in addition to the annual permit fee.
J. 
Display of permit required. Every licensed establishment or operator shall be required to obtain a permit pursuant to this chapter and shall display the permit, at all times, in a conspicuous public place.
K. 
Scope and effect of permitting. A permit issued pursuant to this chapter is deemed a license or a privilege and creates no property rights, and may be revoked or terminated without notice consistent with the provisions of this chapter or as otherwise provided by law.
A. 
Any person who hereafter constructs, remodels, or converts a building or facility for tattoo or body piercing use shall conform and comply in the construction, erection or alteration with the requirements of this chapter.
B. 
No pre-inspection will be conducted or a permit to operate issued until plans, with required information as outlined in a worksheet developed and provided by the Health Department, has been submitted for review to the Health Department.
No operation of tattooing or body piercing shall be conducted in any room used as living or sleeping quarters. Establishment operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors.
A. 
Designated Health Officer to administer. The provisions of this regulation shall be administered by or under the direction of the designated Health Officer. The County Health Officer or his designee will enforce state law and rule, except as modified by this chapter, including specifically the rules found in Wis. Adm. Code, Ch. SPS 221.
B. 
Right of entry for inspection. The Health Officer shall have the right to enter, at reasonable hours, upon premises regulated by this chapter to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this regulation.
C. 
Report of violation. Any person violating a provision of this chapter shall be reported to the County Health Officer or his designee. The Health Officer shall report all violations to the County Board of Health and Human Services.
D. 
Issuance of orders and citations; suspension and cancellation of permits. The Health Officer is also authorized to issue corrective orders, suspend or cancel permits as warranted and issue citations and take other enforcement measures as may be necessary to protect public health and safety.
E. 
Court proceedings for abatement, injunction and forfeiture. The Health Officer may refer the violation to the County Attorney who may obtain an injunction to correct or abate the violation or seek a court-imposed forfeiture under this chapter.
F. 
Penalties. Upon a court finding that the person has violated this chapter, the person shall be ordered to pay a civil forfeiture to the county in the amount of not less than $200 and not more than $1,000 together with the taxable costs in such action. Each day of violation shall constitute a separate offense. The person shall also correct or abate the violation as the court may order.
A. 
Use authorized. The County adopts the citation procedure, including violator's options and procedure on default, as provided in Wis. Adm. Code, Ch. SPS 221, and authorizes the use of citations for violations of this chapter.
B. 
Who may issue. In addition to law enforcement officers, the County Health Officer, the registered sanitarian, and other county officials designated by the County Board may issue citations which are directly related to their duties.
C. 
Content. The citation shall contain the following:
(1) 
The name and address of the alleged violator.
(2) 
Factual allegations describing the alleged violation.
(3) 
The time and place of the offense.
(4) 
The section of this chapter violated.
(5) 
A description of the offense in such a manner as can be readily understood by a person making a reasonable effort to do so.
(6) 
The time at which the alleged violator may appear in court.
(7) 
A statement which, in essence, informs the alleged violator:
(a) 
That a cash deposit based on the schedule established by this section may be made which shall be delivered to the Clerk of Courts prior to the time of the scheduled court appearance.
(b) 
That if a deposit is made, no appearance in court is necessary unless he is subsequently summoned.
(c) 
That if a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest or, if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint.
(d) 
That if no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture.
(8) 
A direction that if alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection C(7) of this section has been read. Such statement shall be brought with the cash deposit.
(9) 
Such other information as the county deems necessary.
D. 
Deposit amount. Citation deposits under this chapter shall be subject to the provisions of Chapter 2, Article VII, Division 2, regarding citations.
A. 
In addition to all other penalties and remedies in this chapter, permits issued by the Health Department pursuant to this chapter may be immediately suspended, revoked, or terminated for a violation of any provisions of this article or Wis. Stats., Ch. 463, and Wis. Adm. Code, Ch. SPS 221, or if the Health Department determines that an imminent health hazard exists on the premises.
B. 
An imminent health hazard under this section may include, but is not limited to, lack of basic facilities such as water, electricity, or a properly functioning sewer, evidence of a sewer backup or surface or air contamination, insect or rodent infestation, lack of a functioning hand washing facility, or a condition that endangers the health or safety of the public as identified by the county health officer or its designee.
C. 
Repeated violations of this chapter or a violation, which creates or is likely to create, as determined by the Health Department, a serious environmental or public health hazard, shall result in permanent revocation.
D. 
Decisions of Health Department staff to suspend, revoke, or terminate a permit or to deny an application for a permit shall be subject to review by the County Health Officer. Decisions of the County Health Officer may be appealed to the County Board of Health. Such appeals shall be in writing and must be heard within 15 days of filing with the Health Department.
A. 
Adoption of this chapter does not preclude the County Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters.
B. 
The issuance of a citation hereunder shall not preclude the county or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation, or order, including this chapter.