[Added 12-14-1993 by Ord. No. 1-93; amended 5-8-2014 by Ord. No. 06-14; 6-10-2014 by Ord. No. 01-14]
This article shall be known as "Body Art Procedures."
A.
Pursuant
to and in accordance with the Public Health and Sanitation Codes Adoption
by Reference Act (N.J.S.A. 26:3-69.1 to 26:3-69.6), there is hereby
established and adopted as the Body Art Procedure Code of the Borough
the whole of the New Jersey State Sanitary Code, Body Art Procedures
N.J.A.C. 8:27-1 et seq. A copy of said code is made a part hereof
without the inclusion of the text thereof herein.
B.
New
Jersey State Sanitary Code, Body Art Procedures, N.J.A.C. 8:27-1 et
seq., is hereby incorporated in this article by reference and made
a part hereof as fully as though it had been set forth at length herein.
C.
The
required number of copies of the New Jersey State Sanitary Code, Body
Art Procedures, N.J.A.C. 8:27-1 et seq., have been placed on file
in the office of the Borough Clerk and in the office of the Department
of Health of the Borough of Rockaway and shall remain on file there
for the use and examination of the public as long as this article
shall remain in effect.
A.
Unless specifically defined herein, all words and
phrases used in this article shall be accorded their common meaning
and usage.
B.
BOARD
HEALTH OFFICER
LICENSE
OPERATOR
PATRON
PERMIT
PROPRIETOR
TATTOO
TATTOO ESTABLISHMENT
TATTOOING
The following terms shall be accorded the meanings
indicated:
The Board of Health of the Borough of Rockaway.
The Health Officer of the Borough of Rockaway, as appointed
by the Board, and his designated agents, officers and inspectors.
A certificate issued by the Health Officer to an operator
under the provisions hereof.
Any person who engages in tattooing.
Any person seeking to receive a tattoo.
A certificate issued by the Health Officer to a proprietor
under the provisions hereof.
Any legal entity having an ownership or equity interest in
a tattoo establishment, including any individual, partnership, firm
or corporation and, if a corporation, the stockholders thereof.
Any mark or coloration of the skin resulting from the pricking
in by subcutaneous introduction of dyes or pigments so as to form
a permanent or indelible impression or from the production of scars.
Any location where tattooing is performed.
The process of marking or coloring skin with tattoos.
A.
No proprietor shall operate a tattoo establishment
in the Borough of Rockaway unless such proprietor has registered such
tattoo establishment with the Board and has received a permit from
the Health Officer.
B.
No permit shall be issued or renewed unless the following
requirements are met to the satisfaction of the Health Officer:
(1)
The proprietor has made application therefor on forms
approved by the Board and has paid the required fee.
(2)
The proprietor has submitted interior design and floor
plans for the tattoo establishment, and such design and floor plans
have been approved.
(3)
The proprietor has submitted written plans for the
proper disposal of waste materials, and such plans have been approved.
(4)
The tattoo establishment has been inspected and found
to be in compliance with the requirements of this article.
(5)
The proprietor has provided the names and addresses
of all operators and other persons employed thereby, and all such
operators have been licensed as provided herein.
(6)
The proprietor has submitted proof of the health and
liability insurance as required herein.
(7)
A telephone posted with the emergency number "911"
and the Health Officer's number is made easily accessible for both
patrons and employees for emergency use.
C.
No permit shall be issued or renewed unless the tattoo
establishment meets with the following requirements:
(1)
The tattoo establishment shall be constructed so as
to prevent the contamination of those places where tattooing is performed
by dust and dirt from the street or sidewalk and other pedestrian
traffic.
(2)
The building and equipment shall be maintained in
a state of good repair, neat, clean, sanitary and free from litter
and rubbish.
(3)
All walls, ceilings and floors shall be made of smooth,
nonporous materials, easily cleaned, free from dust and debris and
of a permanent nonmovable nature.
(4)
Adequate lighting and ventilation shall be provided.
(5)
Each place where tattooing is performed in the tattoo
establishment shall contain a sink for the exclusive use of operators
to wash their hands and prepare patrons for tattooing, and the sink
shall be provided with adequate hot and cold running water, approved
soap from a dispenser, clean individual towels and refuse containers.
(6)
Each place where tattooing is performed in the tattoo
establishment shall be separate and distinct from each other place
where tattooing is performed in the tattoo establishment, so that
there will be only one patron and one operator in such place when
the operator is tattooing a patron.
(7)
An adequate number of work tables shall be provided
in each place where tattooing is performed in the tattoo establishment,
and the surface of such tables shall be constructed of material which
is smooth, light-colored, nonabsorbent, corrosive-resistant and easily
sanitized.
(8)
The tattoo establishment shall be arranged so that
each place where tattooing is performed shall be separated from observers
or other patrons by barriers, which barriers may be constructed of
glass, solid plastic or similar material.
(9)
The tattoo establishment shall be arranged to provide
for a separate waiting area for the comfort of waiting patrons and
others; no tattooing shall be performed in such separate waiting area.
(10)
Proper closed and locked cabinets for the exclusive
storage of needles, instruments, dyes, pigments, paper stencils and
other paraphernalia used in the tattoo establishment shall be provided;
separate closed and locked cabinets for the exclusive storage of the
records required to be kept shall also be provided, and sharps containers
shall be made available at each place where tattooing is performed.
(11)
Adequate and sanitary toilet and hand-washing
facilities shall be available in the tattoo establishment for the
use of patrons and operators.
(12)
The tattoo establishment shall have proper facilities
for the disposal of waste materials and appropriate puncture-resistant
containers for needles which will be sealed and disposed of in accordance
with state and federal laws.
A.
No operator shall engage in the practice of tattooing
in the Borough of Rockaway unless such operator has registered with
the Board and has received an operator's license from the Health Officer,
acting on behalf of the Board. In the event the proprietor is also
an operator, said proprietor should also be licensed.
B.
No license shall be issued or renewed unless the following
requirements have been met:
(1)
The operator shall have made application therefor
on forms approved by the Board and shall have paid the required fee.
(2)
The operator shall have provided the Board with the
name and address of the proprietor for whom the operator shall be
employed in the Borough of Rockaway, and such proprietor has certified
that such operator shall be so employed once licensed hereunder.
(3)
The certifying proprietor shall have already received
a permit as required by this article.
C.
No license shall be issued or renewed unless the operator
shall have passed the following examinations.
A.
A proprietor shall not allow anyone to engage in tattooing
unless such operator is the holder of a valid license.
B.
No person, except a duly licensed physician, shall
practice tattooing at any place other than a tattoo establishment
for which a permit has been issued.
C.
An operator shall not be employed by any proprietor
unless such proprietor is the holder of a valid permit.
D.
It shall be unlawful to perform any tattooing on anyone
who is under the influence of intoxicating liquor or drugs.
E.
It shall be unlawful to perform any tattooing on anyone
who is under the age of 18 years without the notarized written consent
of the patron's parent or legal guardian. The operator shall obtain
proof of age on all patrons before any procedure is performed.
F.
Proprietor's and operator's licenses may be displayed
in the tattoo establishment. The tattoo establishment may only use
the phrase "licensed tattoo" operator, establishment, etc. It may
not be stated in any advertisement or in any other way that the tattoo
establishment is endorsed or approved by the Health Officer, the Board,
the Borough of Rockaway or any of its departments, agents or employees.
G.
No homemade dyes or pigments of any type may be used
in tattooing.
H.
No activity other than tattooing shall be permitted
in any tattoo establishment.
I.
No person, except for a duly licensed physician, shall
engage in the practice of removing any tattoo.
J.
No rusty, dull or faulty needles shall be used for
tattooing.
K.
Only stainless steel needles that have been properly
sterilized may be used in the tattooing procedure.
L.
No applicant for a license or permit, new or renewal,
shall falsify any such application or make willful misstatements of
fact thereon.
M.
No tattooing shall be done outdoors.
[Amended 12-11-2014 by Ord. No. 18-14]
The application fee for a permit, new or renewal, shall be as specified in § 261-63 for a one-year period beginning January 1 and ending December 31. The application fee for a license, new or renewal, shall be as specified in § 261-63 each for a one-year period beginning January 1 and ending December 31. Permit and license application fees are nonrefundable. All permits and licenses issued during the course of the year shall expire on December 31 of the year of issue. All applications for the renewal of permits and licenses and the fees therefor must be received by the Health Officer no later than December 1 of the year in which the current permit or license shall expire.
For any violation of this article, the Health
Officer shall provide the holder of the permit or license with written
notice of the violation. The notice shall specify the violation(s)
found, what must be done to correct same and a reasonable period of
time not to exceed 10 calendar days to correct or abate such violation(s).
The notice shall also specify a date not to exceed 14 days from the
date of the notice wherein a hearing before the Health Officer shall
be had. During such hearing, the holder of the permit and/or license
shall provide the Health Officer with proof that the violation(s)
has (have) been abated and the reasons why such permit and/or license
should not be suspended, and, in the absence thereof, the Health Officer
shall summarily suspend the permit and/or license(s), which suspension
shall take effect immediately and shall remain in effect until same
shall have been reviewed by the Board at its next regularly scheduled
meeting.
A.
No variation from any of the provisions of this article
shall be permitted except as elsewhere provided herein.
B.
No variations from the tattoo or sterilization procedures
shall be permitted without the express prior written consent of the
Health Officer, acting on behalf of the Board. All requests for variations
from the tattoo or sterilization procedures shall comply with the
following requirements:
(1)
All requests for variations from the tattoo or sterilization
procedures shall be made in writing to the Health Officer, supported
by such documents and information necessary for the Health Officer
to make a decision thereon. In the absence thereof, the Health Officer
shall deny the request.
(2)
On all such requests, the Health Officer shall review
all documents and other information provided, shall consult with such
experts as may be necessary and shall exercise his plenary discretion
in deciding to grant or deny the request, or to refer same to the
Board for determination thereon.
(3)
The Health Officer's grant or denial of a request
or referral to the Board shall be put in writing addressed to the
requesting party, stating the reasons therefor.
Any proprietor or operator aggrieved by any
decision of the Health Officer, including the denial of a permit or
license, the refusal to renew a permit or license and the suspension
of a permit or license, shall have an absolute right to appeal such
decision to the Board at its next regularly scheduled meeting. For
such appeal, the Health Officer or his designee shall present that
evidence supporting the decision made by the Health Officer, and the
aggrieved party shall present that evidence which supports a contrary
decision. After hearing all the evidence presented to it, the Board,
by a majority vote, shall then affirm, reverse or modify the decision
of the Health Officer. On all appeals, the decision of the Board shall
be final.
A.
For any violation of any provision of this article,
the following shall apply:
(1)
For any violation of any provision of this article,
the Health Officer or his designee or any other law enforcement officer
shall issue a summons and complaint, in usual form, returnable in
the Municipal Court of the Borough of Rockaway or such other court
as may be permitted by law.
(2)
Upon conviction, any person who violates any provision
of this article shall be subject to a fine of not less than $500 nor
more than $1,000 for the first offense and a fine of $1,000 and imprisonment
for 90 days for the second and subsequent offenses, or the maximum
penalties otherwise permitted by law.
(3)
In addition to any other penalties imposed, upon conviction,
any person who violates any provision of this article shall have their
permit and/or license suspended for a period of one year on the first
offense and permanently on the second offense.
B.
For any continuing violation of any of the provisions
of this article, each day (consisting of a twenty-four-hour period
beginning at 12:01 a.m.) shall constitute a separate violation and
shall incur the penalties set forth herein.
C.
Any violation of any provisions of this article by
any operator shall be deemed a per se concurrent violation of the
employing proprietor's duty to supervise such operator and shall subject
such employing proprietor to the penalties set forth herein.
D.
In addition to any other penalties imposed herein,
if the proprietor has failed to maintain the health and liability
insurance required under this chapter, the proprietor shall be personally
liable for all health care and other costs incurred by any patron
for any injuries sustained by such patron as a result of the tattooing
process, for any infections sustained by such patron as a result of
the tattooing process or otherwise while the patron is in such tattoo
establishment.
A.
In passing this article, it is the specific intent
of the Board to best promote the health and welfare of the citizens
of the Borough of Rockaway, the County of Morris, the State of New
Jersey and the United States by imposing the strictest requirements
permissible on the proprietors of tattoo establishments and tattoo
operators and by imposing the harshest of penalties for violations
hereof.
B.
Should any section, subsection, sentence, clause,
phrase or word of this article be subject to judicial interpretation,
the same shall be interpreted in accordance with the intent of the
Board in passing this article, and such interpretation shall be made
in such a manner so as to impose the maximum requirements permitted
by law or otherwise.
C.
If any section, subsection, sentence, clause, phrase
or word of this article is, for any reason, held to be unconstitutional
or invalid, such holding shall not affect the remaining portions of
this article.
D.
All ordinances of the Borough of Rockaway which are
inconsistent with the provisions of this article are hereby repealed
to the extent of such inconsistency.
E.
This article shall take effect immediately upon passage
and publication as required by law.
