Town of New Castle, NY
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2023-10-24
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Part II, General Legislation
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Chapter 114 Tattooing
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Best Value Procurement
- Ch 3 Code Enforcement
- Ch 4 Drug Abuse Prevention Council
- Ch 5 Employees' Retirement Incentive Program
- Ch 6 Planning Board Alternate Members
- Ch 7 Sustainability Advisory Board
- Ch 8 Environmental Review Board
- Ch 9 Ethics, Code of
- Ch 10 Housing Agency
- Ch 12 Indemnification of Public Employees
- Ch 16 Local Laws, Adoption of
- Ch 17 Master Fee Schedule
- Ch 17A Meetings
- Ch 18 Mutual Aid
- Ch 20 Ordinances, Adoption of
- Ch 21 Police Department
- Ch 22 Personnel Policies
- Ch 23 Deputy Comptroller
- Ch 24 Public Works Department
- Ch 25 Receiver of Taxes
- Ch 26 Records Management
- Ch 27 Recreation and Parks Commission
- Ch 32 Traffic Violations Bureau
- Ch 33 Town Prosecutor
- Ch 34 Residency Requirements
- Part II, General Legislation
- Ch 38 Alarm Systems
- Ch 40 Amusement Devices
- Ch 42 Animal Traps
- Ch 44 Blasting
- Ch 46 Building Construction
- Ch 48 Building Construction and Fire Prevention
- Ch 49 Cable Communications
- Ch 50 Cable Television Rate Regulation
- Ch 52 Cannabis
- Ch 53 Canvassers and Solicitors
- Ch 54 Carryout Bags
- Ch 55 Community Choice Aggregation (Energy) Program
- Ch 57 Dogs
- Ch 60 Zoning
- Ch 61 Dumps and Dumping
- Ch 62 Energy Code
- Ch 63 Energize NY Open C-Pace Financing Program
- Ch 64 Environmental Protection Overlay Regulations
- Ch 65 Filming
- Ch 68 Fire Prevention
- Ch 70 Flood Damage Prevention
- Ch 71 Games of Chance
- Ch 72 Garbage and Refuse Collection Charges
- Ch 73 Garbage, Rubbish and Refuse
- Ch 74 Green Building Standards
- Ch 75 Highway Defects Notification
- Ch 76 Historic Preservation
- Ch 78 Housing Discrimination
- Ch 85 Littering
- Ch 86 Masks and Face Coverings
- Ch 87 Newsracks
- Ch 89 Numbering of Buildings
- Ch 90 Noise
- Ch 91 Open Spaces
- Ch 92 Parades and Demonstrations
- Ch 93 Property Maintenance
- Ch 95 Taxation: Property Assessments
- Ch 96 Professional Review Fees
- Ch 97 Public Drinking
- Ch 100 Sale of Tobacco, Liquid Nicotine and Electronic Cigarettes
- Ch 102 Sewer Uses
- Ch 102A Separate Sewage Disposal Systems and On-Site Wastewater Systems
- Ch 104 Sidewalk Cafes
- Ch 106 Solid Waste Disposal
- Ch 108 Steep Slope Protection
- Ch 108A Stormwater Management and Erosion and Sediment Control
- Ch 108B Illegal Discharges and Illicit Connections
- Ch 109 Street and Road Specifications
- Ch 111 Streets and Sidewalks
- Ch 113 Subdivision of Land
- Ch 114 Tattooing
- § 114-1 Findings.
- § 114-2 Prohibited activities; exceptions.
- § 114-3 Penalties for offenses.
- Ch 115 Taxation: Notices of Explanation
- Ch 116 Taxation: Real Property Exemption
- Ch 117 Taxation: Payment of Delinquent Taxes in Installments
- Ch 118 Taxation: Partial Business Exemption
- Ch 119 Taxation: Filing of Star Exemption Applications; Disability Exemptions
- Ch 120 Taxation: Veterans Exemption
- Ch 121 Tree Preservation
- Ch 122 Taxation: Volunteer Firefighters and Ambulance Workers Exemption
- Ch 122A Vacant Storefront Registry
- Ch 123 Vehicles and Traffic
- Ch 127 Vehicles, Unlicensed
- Ch 131 Water
- Ch 133 Water Emergencies
- Ch 135 Watercourses
- Ch 136 Westchester County Greenway Plan
- Ch 137 Wetlands
- Appendix
- Ch A142 Emergency Restrictions and Regulations Regarding Restaurants, Personal Care Services, Gym Operations and Retail Establishments
- Ch A143 Park and Recreation Rules
- Ch A144 Water Main Specifications
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Town Board of the
Town of New Castle 3-10-1998 by L.L. No. 3-1998. Amendments noted where
applicable.]
The Town Board has noted that § 260.21
of the Penal Law provides that it is a misdemeanor to mark the body
of a child less than 18 years old with indelible ink or pigments by
means of tattooing. It is also the experience of the Town of New Castle
Police Department that prohibitions of certain activities based solely
on age prove difficult and impractical to enforce and that the Town
lacks the resources and personnel to properly supervise these age
limited activities. In addition, there is evidence that the practice
of tattooing, when improperly done and state guidelines are not followed,
can create health risks, particularly of serum hepatitis. However,
the Town lacks the resources to implement and staff an effective regulatory
scheme of licensing and inspection of tattoo establishments. Accordingly,
the Town Board finds that, in this Town, the enforcement of the above-referenced
provision of the Penal Law is difficult and impractical and the Town
cannot effectively license and monitor tattoo establishments. Therefore,
as a means to protect the public, the Town finds it necessary
to impose a ban on this commercial activity.
It shall be unlawful for any person to tattoo
a human being within the Town of New Castle for pay or compensation
of any kind, except that tattooing may be performed for medical purposes
by a person licensed or otherwise authorized pursuant to the Education
Law to practice medicine or osteopathy.
An offense against the provisions of this chapter
shall be punishable by a fine not exceeding $350 or imprisonment for
a period not to exceed six months, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed
six months, or both; and, upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors, and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations.
