[Ord. No. BH1-97 § I]
"Tattoo" or "tattooing" is defined for the purposes of this
chapter to mean any placement or injection by means of a penetrating
instrument, or in any other manner, or chemicals, substances, dyes
or other materials upon or beneath the surface of the skin of a human
being for the purpose of marking, decoration or other permanent alteration
of the appearance of the skin surface.
[Ord. No. BH1-97 § I]
No person shall engage in the business of tattooing, whether
for compensation or not, or shall operate any establishment where
tattooing is performed, whether for compensation or not, or shall
tattoo any person, for compensation or not, without complying with
the requirements of this chapter and the rules and regulations promulgated
by the Board of Health.
[Ord. No. BH1-97 § I]
No person shall be engaged or employed in the business of tattooing
in the Borough, whether for compensation or not, without first having
obtained a license from the Board of Health. No tattooing facility
shall operate in the Borough without first obtaining a license from
the Board of Health.
[Ord. No. BH1-97 § I]
No license shall be issued to any person unless the applicant
shall furnish to the Board of Health the following:
a.
Application. Any owner or operator(s) and their employees wishing
to engage in the business of tattooing must make yearly application
to the Board of Health on a form to be approved by the Board, showing
compliance with this chapter.
b.
Medical Certificate. Any owner or operator(s) and their employees
wishing to engage in the business of tattooing shall provide to the
Board of Health, an annual medical certificate from a physician licensed
to practice in the State of New Jersey showing proof that the applicant
is free from contagious and communicable diseases.
[Ord. No. BH1-97 § I]
[Ord. No. BH1-97 § I]
No person or operator of any establishment or other place where
tattooing is performed shall state, represent, warrant, advertise
or imply to customers, potential customers, or the public at large,
that the tattooing establishment is endorsed, regulated or approved
by the Borough of New Milford or any department thereof, or is conducted
in compliance with the terms of this chapter.
[Ord. No. BH1-97 § I]
All persons engaged in the business of tattooing, whether for
compensation or not, or who endeavors in any manner whatsoever to
tattoo any person, shall maintain for a period of 10 years from the
date tattooing, records containing the following information:
a.
The date of tattooing.
b.
The name, address and sex of the person tattooed.
c.
The name and address of the person performing the tattoo operation.
d.
The design, color, or colors and location on the body of the tattoo.
e.
The dye or substance used in marking of the skin.
f.
The method of tattooing used.
g.
If the person is a minor, as defined by law, the name, address and
relationship of the person tattooed or any person consenting to the
tattooing operation on behalf of such minor, along with a notarized
written consent from parent or legal guardian. It shall not be a defense
to any proceeding under this chapter for failure to maintain such
record that the person requesting tattooing represented himself or
herself to be of legal age unless such representation shall be in
writing, signed by the person to be tattooed and accompanied by a
notation as to what means were used to obtain proof of age.
[Ord. No. BH1-97 § I]
All records and facilities of any establishment in which tattooing
is performed, whether for compensation or not, shall be open for inspection
by the Health Officer, or such other person designated by the Board
of Health, with or without notice.
[Ord. No. BH1-97 § I]
All tattooing and other related procedures shall be carried
out in a clean, safe and sanitary manner so as to minimize the danger
of infection to the person being tattooed, including but not limited
to the operator scrubbing his hands with a surgical brush, warm water,
soap and germicidal solution, and the area of the customer to be tattooed
washed and sprayed with a germicidal solution, and the operator shall
wear latex gloves while administering a tattoo.
[Ord. No. BH1-97 § I]
No dye, solution, chemical, substance, material or any other
thing shall be used in the application of tattoos to any person unless
such solution shall be approved by the United States Food and Drug
Administration, or other appropriate agency or local, State or Federal
government, for tattooing purposes.
[Ord. No. BH1-97 § I]
All instruments or other implements, including but not limited
to needles used in connection with tattooing shall be first sterilized
by autoclaving at 250 degrees Fahrenheit for a period of not less
than one hour.
[Ord. No. BH1-97 § I]
All medical waste must be disposed of in accordance with applicable
and relevant State statutes and regulations.
[Ord. No. BH1-97 § I]
No minor or incompetent may be tattooed without the written consent of his or her parent or legal guardian. Such consent shall remain on file with the records, as prescribed by subsection BH14-5.1.
No one who appears to be under the influence of a drug or alcohol
shall be tattooed and the records shall so indicate.
