[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 12-7-1996 by L.L. No. 4-1997 (Ch. 225, Art. I, of
the 1985 Code)]
A.
This Legislature hereby finds and determines that currently there
is no law regulating the practice of body piercing, which is a growing
industry.
B.
This Legislature further finds that the practice of body piercing
involves the penetration of the skin, which, if done improperly, can
lead to potential health risks.
C.
This Legislature further finds and determines that a growing number
of minors are engaging in the practice of body piercing.
D.
Therefore, the purpose of this article is to prohibit the body piercing
of minors, pursuant to the County's exercise of its inherent
power to protect the public health, safety and general welfare of
its citizens.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, partnership, firm, association, trust, company,
joint venture or corporation.
A.
No person shall knowingly pierce or offer to pierce, for compensation,
any part of the body of an individual under the age of 18 years, except
the ears, by means of body-piercing instruments.
B.
No person under the age of 18 shall knowingly request any person,
for compensation, to pierce any part of his or her body, except the
ears, by means of body-piercing instruments.
C.
If the body piercing is offered in conjunction with the sale of an
item of jewelry actually being used in connection with the body piercing,
then that service or act shall be deemed to have been provided for
compensation.
Any person who knowingly and willfully violates § 330-3 of this article shall be guilty of a Class A misdemeanor punishable by a fine of up to $1,000 and up to one year's imprisonment.
The prohibitions contained in § 330-3 of this article shall not apply in those instances in which at least one parent or legal guardian of such individual under the age of 18 years consents, in writing, to such body piercing. This writing shall be notarized and filed in person at the place of business where the body piercing takes place.
This article shall apply to actions occurring on or after the
effective date of this article.
[Adopted 3-8-2011 by L.L.
No. 17-2011]
A.
This Legislature
hereby finds and determines that the Suffolk County Sanitary Code
strictly regulates the tattoo and body art industry to protect public
health and safety.
B.
This Legislature
also finds and determines that professional tattoo artists use tattoo
machines, also known as "guns" and "irons," and other equipment to
apply tattoos.
C.
This Legislature
further finds and determines that the improper use of tattoo equipment
in the application of a tattoo can cause injury, bacterial infection,
or transmission of blood-borne diseases, like Hepatitis C and HIV.
D.
This Legislature
finds that some suppliers of tattoo equipment sell tattoo machines
to persons untrained in their use, even opening kiosks at shopping
malls to sell their products directly to the public.
E.
This Legislature
determines that the sale of tattoo equipment to persons without professional
tattooing credentials increases the risk to public health and safety,
as these individuals may apply tattoos on others without following
important regulations to protect both the customer and artist from
harm.
F.
This Legislature
also finds that Suffolk County should regulate the sale of tattoo
equipment to ensure that it is available only to trained professionals
who will use it in a safe manner.
G.
Therefore,
the purpose of this article is to prohibit the sale of tattoo equipment
to persons who are not certified as professional tattoo artists in
Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any individual who applies tattoos and has been certified
by the Suffolk County Department of Health Services as a certified
body artist or has been certified, registered or otherwise licensed
by another jurisdiction and has written documentation of same.
Any individual who is supervised in the application of tattoos
by a certified tattoo artist and who has been certified by the Suffolk
County Department of Health Services as a certified body artist apprentice.
Any individual, firm, partnership, corporation, company,
society, association, or any organized group of persons, whether incorporated
or not.
Any machine or mechanical instrument manufactured and used
solely to apply tattoos.
No person shall sell tattoo equipment to another person within
Suffolk County unless the prospective purchaser provides written documentation
that he/she is a certified tattoo artist or certified tattoo artist
apprentice.
Persons selling tattoo equipment in violation of any portion
of this article shall be guilty of an unclassified misdemeanor, punishable
by a fine not to exceed $1,000 and/or up to one year in jail.
This article shall apply to all actions occurring on or after
the effective date of this article.
