[HISTORY: Adopted by the Township Council of the Township of Hillside 11-28-2006.
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 is expressly excluded from the purview of this chapter.
The written approval provided by the Health Department that said
tattooing and/or body-piercing establishment has been inspected and meets
all applicable requirements.
Written approval provided by the Hillside Department of Health confirming
that the operator has registered with the county and meets all applicable
requirements.
The puncturing of trailing edge of the ear using a presterilized
single-use stud and clasp ear-piercing system following manufacturer's
instructions.
The premises wherein tattooing and/or body piercing is performed.
Any individual, partnership, corporation or similar entity that owns
and/or operates an establishment where tattooing and/or body piercing is performed.
The implanting, of inert pigments, colors, and/or dyes intradermally
which results in permanent alteration of tissue to gain a cosmetic effect.
Any person, including a trainee, who for any consideration whatsoever
engages in the provision of tattooing and/or body-piercing services as herein
defined, including but not limited to contractors, subtenants and temporary
employees.
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.
An establishment that has been issued a permit by the local health
authority to operate for the purpose of performing body art procedures for
not more than 14 calendar days in conjunction with a single event.
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 licensing from the Health Department to
engage in such business in accordance with the provisions hereof.
B.
An application for licenses under this chapter shall
be made to the Township of Hillside Department of Health, in writing, upon
such printed forms as the Department of Health shall prescribe and prepare,
and shall pay an annual filing and renewal fee as follows:
(1)
For one practitioner, the fee shall be $75 per year.
(2)
For each additional practitioner after the first practitioner,
the fee shall be an additional $25 per year.
(3)
Temporary establishment/event application fee for operator
shall be $75.
(4)
Plan review fee for a new establishment shall be $100.
(5)
Plan review for alteration/expansion shall be $100.
A.
Any person, partnership, firm or corporation who violates
any section of this chapter shall be subject to a fine of not less than $150
nor more than $500 for each violation of this chapter or imprisonment in the
county jail up to 90 days, or both. Each day that the violation exists is
considered to be a separate offense.
B.
Reasonable counsel fees incurred by the Board of Health
or its designee 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. 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.
