[HISTORY: Adopted by the Common Council of the City of Burlington 11-9-2006 by Ord. No. 1813(17). Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 284, Tattooing, adopted 2-1-1994 by Ord. No. 1464(34), as amended.
Chapter HFS 173, Wis. Admin. Code and §§ 252.23 and 252.24, Wis. Stats., and all subsequent amendments, additions and recodifications thereto are hereby adopted by reference. It is the intent of the City that where there may be conflict between this section and the remainder of this chapter that the most stringent provision shall apply.
Words and phrases in this section have the meanings designated in Ch. HFS 173, Wis. Admin. Code, unless the context clearly indicates a different meaning, with the following additions or modifications for use in this chapter only:
- BODY PIERCE
- As a verb, means to perforate any human body part or tissue, except an ear, and to place a foreign object in the perforation to prevent the perforation from closing.
- The State of Wisconsin Department of Health and Family Services.
- An entity comprised of one or more practitioners, organized as a corporation, limited-liability company, partnership, sole practitioner or other association operating in a single building, structure, area or location at which tattoos are applied or body piercing is performed or all of the above. The establishment area shall be separately maintained from other business activities.
- A person receiving a tattoo or body piercing.
- An individual, partnership, limited-liability company, corporation, association, or other entity.
- SPECIAL EVENT
- A show, bazaar, fair or other occurrence lasting up to a maximum of seven consecutive days at which a collection of establishments practice their art in a single location, whether public or private premises.
- As a noun, an indelible mark or design on a person created by inserting pigment under the surface of the person's skin by a needle prick or other means of puncture.
- TEMPORARY COMBINED ESTABLISHMENT
- A temporary establishment at which both tattooing and body piercing are performed.
- TEMPORARY ESTABLISHMENT
- An establishment operating at a special event.
Establishments. No person may operate a tattoo or body-piercing establishment or combination thereof on a permanent or temporary basis in the City of Burlington unless the person has obtained a license therefor pursuant to Ch. HFS 173.04(1), Wis. Admin. Code.
Temporary establishments. At special events every separate table or booth or area shall be considered a temporary establishment and must be approved by the Department before the onset of the event. Every practitioner must possess a current and valid State of Wisconsin practitioner license before the practitioner can operate at a special event. The licenses shall be prominently displayed pursuant to Ch. HFS 173.11(1)(c), Wis. Admin. Code.
Environment. Floors shall be constructed of smooth, durable and nonporous material and shall be maintained in clean condition and in good repair. Carpeting is prohibited. The establishment shall have a public toilet and handwashing facility that is separate from any living area, and a separate handwashing facility outside of the toilet room. Easily cleanable waste containers with nonabsorbent durable plastic liners shall be used for disposal of all tissues, towels and similar items used on patrons. Equipment shall be stored in closed cabinets exclusively used for that purpose. Establishments shall be maintained in a clean, sanitary and vermin-free condition. No smoking or consumption of food or drink is permitted in the area where the piercing or tattooing is performed.
When tattooing or body piercing with a needle, the tattooist or piercer must comply with the requirements found in Ch. HFS 173, Wis. Admin. Code.
Practitioner. No person may tattoo or body pierce another person or use or assume the title of tattooist or body piercer unless the person has obtained a current and valid practitioner license pursuant to Ch. HFS 173.04(2), Wis. Admin. Code.
Personnel. No person with an exposed rash, skin lesion, boil or who is under the influence of alcohol or a mind-altering drug may engage in tattooing or body piercing.
Enforcement procedures shall be in accordance with Ch. HFS 173.12, Wis. Admin. Code. In the event that the Department designates the City's Health Department as its agent pursuant to § 252.245, Wis. Stats., the Health Department shall be authorized to issue licenses, perform inspections and collect fees as set forth therein, and the provisions of § 66.0417, Wis. Stats., shall apply.
Any person who violates any provision of this chapter may be fined as set forth in Ch. HFS 173.12(3). Each day of violation and every violation of any provision of this chapter shall constitute a separate offense.
In the event that the Department designates the City's Health Department as its agent pursuant to § 252.245, Wis. Stats., conviction of a violation shall result in a fine as set forth in § 252.25, Wis. Stats., including tattooing or body piercing without a license, and the provisions of § 66.0417(5)(b), regarding the impeding of City inspectors in the performance of their duties and the giving of false information to such inspectors, and all subsequent amendments, additions and recodifications thereto are hereby adopted by reference.
[Amended 8-19-2008 by Ord. No. 1868(10)]