[HISTORY: Adopted by the Mayor and Council
of the Borough of Haddon Heights 2-17-1998 by Ord. No. 1027 (Ch. 98 of the 1975 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 this chapter.
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.
The certificate held by an operator upon registration with
Camden County Health Department by meeting the required provisions
of this chapter.
The Camden County Public Health Coordinator or his authorized
representative of Camden County Department of Health and Human Services.
The premises wherein tattooing or body piercing is performed.
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.
Any method of placing designs, letters, scrolls, figures,
symbols or any marks under the skin with ink dye or any other substance
resulting in the coloration of the skin by the aid of needles or any
other instruments designed to puncture the skin.
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 Borough Clerk
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.
(1)
The annual license fee for engaging in the business of operating a tattooing and/or body piercing establishment within the Borough of Haddon Heights shall be as set forth in Chapter 213, Fees. Any person, firm or corporation desiring to engage or presently engaged in the tattooing or body piercing business shall first apply to the Clerk of the Borough of Haddon Heights, in writing, on forms supplied by the 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]
(a)
Name and address of the applicant.
(b)
Local and permanent addresses and telephone
number of the applicant.
(c)
Name, local address and telephone number of
the manager of the business if different from the applicant.
(d)
If the applicant is a corporation, the name
and address of its registered agent.
(e)
Federal employer identification number if the
applicant is a corporation, partnership or firm; social security number
if the applicant is a sole proprietorship.
(f)
Certificate of inspection and certificate of
operator registration issued by the Camden County Health Department
as part of the application documents.
(2)
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.
(3)
Each tattooing and body piercing business license
issued by the Clerk of the Borough of Haddon Heights 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.
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 preopening
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.
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 18 years of age without written authorization
signed by the parent or legal guardian as witnessed by the operator.
The operator shall be responsible for maintaining the original consent
form for a period of two years beyond the recipient's 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
it shall be so noted on the application. All records regarding tattooing
or body piercing are to be maintained for a minimum of two 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 in compliance
with terms of this chapter.
No person, partnership, firm or 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 are inspected/approved by the Camden County Health Department:
A.
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.
B.
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.
C.
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 single-use
disposable sheets used, utilizing a method approved by the Camden
County Health Department between customers.
D.
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.
E.
Lighting within the tattooing or body piercing area
shall be adequate so as to provide a minimum of 100 footcandles in
all areas.
F.
The work area reserved for the tattooing or body piercing
shall be not less than 100 square feet and shall be separated from
other areas of the establishment by walls or durable partitions extending
at least six feet in height.
G.
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.
H.
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.
I.
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 preexposure vaccination or proof of immunity
is required for all operators. If a person cannot obtain the vaccination
for medical reasons, he or she shall submit to the Camden County Health
Department a letter from his or 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 or 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 piecing preparation and application
to prevent contact with blood or body fluids. Universal precautions
as described by the United States Centers for Disease Control and
Prevention (CDC) shall be followed. All materials shall be disposed
of in accordance with waste disposal provisions of this chapter 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 become 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 a
normal healthy skin surface that is free of cuts, wounds, rashes,
boils, pimples, moles or infection or manifests of 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 shall be 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 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 20 minutes or disposed
of following each use.
(6)
Only nontoxic dyes or pigments may be used. Premixed
sterile materials are preferred. Premixed dyes shall be used without
adulteration of the manufacturers original formulas. It shall be the
responsibility of the operator to provide certification to the Camden
County Health Department of the nontoxicity of the dyes or inks at
the same 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)
Ear piercing 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 reused, 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 clean interior.
(5)
The manufacturer's operating instructions and the
sterilization specifications shall be at hand. The operation of the
sterilizer shall conform to the manufacturers 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 chapter.
(9)
If the primary source of sterilization malfunctions,
the County Health Officer shall be notified within 24 hours. In an
emergency situation, the Camden County Health Officer may approve
alternate sterilization techniques.
D.
Disposal of waste.
(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.
A.
Any person, partnership, firm or corporation who violates
any section of this chapter shall be subject to a fine of not less
than $100 nor more than $2,000, imprisonment for up to 90 days and/or
community service for up to 90 days, or any combination thereof, for
each violation of this chapter. Each day that the violation exists
is considered to be a separate offense.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451]
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 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 such other
rights necessary in order to ensure due process. Should any license
or certificate of registration be revoked or suspended, no part of
the license or registration fee shall be returned.
