Borough of Rockaway, NJ Article XIX Body Art Procedures

[Added 12-14-1993 by Ord. No. 1-93; amended 5-8-2014 by Ord. No. 06-14; 6-10-2014 by Ord. No. 01-14]

§ 261-67 Short title.

This article shall be known as "Body Art Procedures."

§ 261-67.1 Standards adopted; copies to be available.

A. Pursuant to and in accordance with the Public Health and Sanitation Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 to 26:3-69.6), there is hereby established and adopted as the Body Art Procedure Code of the Borough the whole of the New Jersey State Sanitary Code, Body Art Procedures N.J.A.C. 8:27-1 et seq. A copy of said code is made a part hereof without the inclusion of the text thereof herein.

B. New Jersey State Sanitary Code, Body Art Procedures, N.J.A.C. 8:27-1 et seq., is hereby incorporated in this article by reference and made a part hereof as fully as though it had been set forth at length herein.

C. The required number of copies of the New Jersey State Sanitary Code, Body Art Procedures, N.J.A.C. 8:27-1 et seq., have been placed on file in the office of the Borough Clerk and in the office of the Department of Health of the Borough of Rockaway and shall remain on file there for the use and examination of the public as long as this article shall remain in effect.

§ 261-68 Definitions.

A. Unless specifically defined herein, all words and phrases used in this article shall be accorded their common meaning and usage.

B. The following terms shall be accorded the meanings indicated:

BOARD

The Board of Health of the Borough of Rockaway.

HEALTH OFFICER

The Health Officer of the Borough of Rockaway, as appointed by the Board, and his designated agents, officers and inspectors.

LICENSE

A certificate issued by the Health Officer to an operator under the provisions hereof.

OPERATOR

Any person who engages in tattooing.

PATRON

Any person seeking to receive a tattoo.

PERMIT

A certificate issued by the Health Officer to a proprietor under the provisions hereof.

PROPRIETOR

Any legal entity having an ownership or equity interest in a tattoo establishment, including any individual, partnership, firm or corporation and, if a corporation, the stockholders thereof.

TATTOO

Any mark or coloration of the skin resulting from the pricking in by subcutaneous introduction of dyes or pigments so as to form a permanent or indelible impression or from the production of scars.

TATTOO ESTABLISHMENT

Any location where tattooing is performed.

TATTOOING

The process of marking or coloring skin with tattoos.

§ 261-69 Permit required; requirements for issuance.

A. No proprietor shall operate a tattoo establishment in the Borough of Rockaway unless such proprietor has registered such tattoo establishment with the Board and has received a permit from the Health Officer.

B. No permit shall be issued or renewed unless the following requirements are met to the satisfaction of the Health Officer:

(1) The proprietor has made application therefor on forms approved by the Board and has paid the required fee.

(2) The proprietor has submitted interior design and floor plans for the tattoo establishment, and such design and floor plans have been approved.

(3) The proprietor has submitted written plans for the proper disposal of waste materials, and such plans have been approved.

(4) The tattoo establishment has been inspected and found to be in compliance with the requirements of this article.

(5) The proprietor has provided the names and addresses of all operators and other persons employed thereby, and all such operators have been licensed as provided herein.

(6) The proprietor has submitted proof of the health and liability insurance as required herein.

(7) A telephone posted with the emergency number "911" and the Health Officer's number is made easily accessible for both patrons and employees for emergency use.

C. No permit shall be issued or renewed unless the tattoo establishment meets with the following requirements:

(1) The tattoo establishment shall be constructed so as to prevent the contamination of those places where tattooing is performed by dust and dirt from the street or sidewalk and other pedestrian traffic.

(2) The building and equipment shall be maintained in a state of good repair, neat, clean, sanitary and free from litter and rubbish.

(3) All walls, ceilings and floors shall be made of smooth, nonporous materials, easily cleaned, free from dust and debris and of a permanent nonmovable nature.

(4) Adequate lighting and ventilation shall be provided.

(5) Each place where tattooing is performed in the tattoo establishment shall contain a sink for the exclusive use of operators to wash their hands and prepare patrons for tattooing, and the sink shall be provided with adequate hot and cold running water, approved soap from a dispenser, clean individual towels and refuse containers.

(6) Each place where tattooing is performed in the tattoo establishment shall be separate and distinct from each other place where tattooing is performed in the tattoo establishment, so that there will be only one patron and one operator in such place when the operator is tattooing a patron.

(7) An adequate number of work tables shall be provided in each place where tattooing is performed in the tattoo establishment, and the surface of such tables shall be constructed of material which is smooth, light-colored, nonabsorbent, corrosive-resistant and easily sanitized.

(8) The tattoo establishment shall be arranged so that each place where tattooing is performed shall be separated from observers or other patrons by barriers, which barriers may be constructed of glass, solid plastic or similar material.

(9) The tattoo establishment shall be arranged to provide for a separate waiting area for the comfort of waiting patrons and others; no tattooing shall be performed in such separate waiting area.

(10) Proper closed and locked cabinets for the exclusive storage of needles, instruments, dyes, pigments, paper stencils and other paraphernalia used in the tattoo establishment shall be provided; separate closed and locked cabinets for the exclusive storage of the records required to be kept shall also be provided, and sharps containers shall be made available at each place where tattooing is performed.

(11) Adequate and sanitary toilet and hand-washing facilities shall be available in the tattoo establishment for the use of patrons and operators.

(12) The tattoo establishment shall have proper facilities for the disposal of waste materials and appropriate puncture-resistant containers for needles which will be sealed and disposed of in accordance with state and federal laws.

§ 261-70 Operator's license required; requirements for issuance.

A. No operator shall engage in the practice of tattooing in the Borough of Rockaway unless such operator has registered with the Board and has received an operator's license from the Health Officer, acting on behalf of the Board. In the event the proprietor is also an operator, said proprietor should also be licensed.

B. No license shall be issued or renewed unless the following requirements have been met:

(1) The operator shall have made application therefor on forms approved by the Board and shall have paid the required fee.

(2) The operator shall have provided the Board with the name and address of the proprietor for whom the operator shall be employed in the Borough of Rockaway, and such proprietor has certified that such operator shall be so employed once licensed hereunder.

(3) The certifying proprietor shall have already received a permit as required by this article.

C. No license shall be issued or renewed unless the operator shall have passed the following examinations.

§ 261-71 through § 261-72. (Reserved)

§ 261-73 Absolute prohibitions.

A. A proprietor shall not allow anyone to engage in tattooing unless such operator is the holder of a valid license.

B. No person, except a duly licensed physician, shall practice tattooing at any place other than a tattoo establishment for which a permit has been issued.

C. An operator shall not be employed by any proprietor unless such proprietor is the holder of a valid permit.

D. It shall be unlawful to perform any tattooing on anyone who is under the influence of intoxicating liquor or drugs.

E. It shall be unlawful to perform any tattooing on anyone who is under the age of 18 years without the notarized written consent of the patron's parent or legal guardian. The operator shall obtain proof of age on all patrons before any procedure is performed.

F. Proprietor's and operator's licenses may be displayed in the tattoo establishment. The tattoo establishment may only use the phrase "licensed tattoo" operator, establishment, etc. It may not be stated in any advertisement or in any other way that the tattoo establishment is endorsed or approved by the Health Officer, the Board, the Borough of Rockaway or any of its departments, agents or employees.

G. No homemade dyes or pigments of any type may be used in tattooing.

H. No activity other than tattooing shall be permitted in any tattoo establishment.

I. No person, except for a duly licensed physician, shall engage in the practice of removing any tattoo.

J. No rusty, dull or faulty needles shall be used for tattooing.

K. Only stainless steel needles that have been properly sterilized may be used in the tattooing procedure.

L. No applicant for a license or permit, new or renewal, shall falsify any such application or make willful misstatements of fact thereon.

M. No tattooing shall be done outdoors.

§ 261-74 through § 261-75. (Reserved)

§ 261-76 Fees; expiration and renewal of permits and licenses.

[Amended 12-11-2014 by Ord. No. 18-14]

The application fee for a permit, new or renewal, shall be as specified in § 261-63 for a one-year period beginning January 1 and ending December 31. The application fee for a license, new or renewal, shall be as specified in § 261-63 each for a one-year period beginning January 1 and ending December 31. Permit and license application fees are nonrefundable. All permits and licenses issued during the course of the year shall expire on December 31 of the year of issue. All applications for the renewal of permits and licenses and the fees therefor must be received by the Health Officer no later than December 1 of the year in which the current permit or license shall expire.

§ 261-77 Suspension of permit or license.

For any violation of this article, the Health Officer shall provide the holder of the permit or license with written notice of the violation. The notice shall specify the violation(s) found, what must be done to correct same and a reasonable period of time not to exceed 10 calendar days to correct or abate such violation(s). The notice shall also specify a date not to exceed 14 days from the date of the notice wherein a hearing before the Health Officer shall be had. During such hearing, the holder of the permit and/or license shall provide the Health Officer with proof that the violation(s) has (have) been abated and the reasons why such permit and/or license should not be suspended, and, in the absence thereof, the Health Officer shall summarily suspend the permit and/or license(s), which suspension shall take effect immediately and shall remain in effect until same shall have been reviewed by the Board at its next regularly scheduled meeting.

§ 261-78 Variations.

A. No variation from any of the provisions of this article shall be permitted except as elsewhere provided herein.

B. No variations from the tattoo or sterilization procedures shall be permitted without the express prior written consent of the Health Officer, acting on behalf of the Board. All requests for variations from the tattoo or sterilization procedures shall comply with the following requirements:

(1) All requests for variations from the tattoo or sterilization procedures shall be made in writing to the Health Officer, supported by such documents and information necessary for the Health Officer to make a decision thereon. In the absence thereof, the Health Officer shall deny the request.

(2) On all such requests, the Health Officer shall review all documents and other information provided, shall consult with such experts as may be necessary and shall exercise his plenary discretion in deciding to grant or deny the request, or to refer same to the Board for determination thereon.

(3) The Health Officer's grant or denial of a request or referral to the Board shall be put in writing addressed to the requesting party, stating the reasons therefor.

(4) Any requesting party aggrieved by any decision of the Health Officer may appeal to the Board in the manner set forth in § 261-79 below, but there shall be no appeal of the Health Officer's decision to refer the request to the Board for determination thereon.

§ 261-79 Review by Board.

Any proprietor or operator aggrieved by any decision of the Health Officer, including the denial of a permit or license, the refusal to renew a permit or license and the suspension of a permit or license, shall have an absolute right to appeal such decision to the Board at its next regularly scheduled meeting. For such appeal, the Health Officer or his designee shall present that evidence supporting the decision made by the Health Officer, and the aggrieved party shall present that evidence which supports a contrary decision. After hearing all the evidence presented to it, the Board, by a majority vote, shall then affirm, reverse or modify the decision of the Health Officer. On all appeals, the decision of the Board shall be final.

§ 261-80 Violations and penalties.

A. For any violation of any provision of this article, the following shall apply:

(1) For any violation of any provision of this article, the Health Officer or his designee or any other law enforcement officer shall issue a summons and complaint, in usual form, returnable in the Municipal Court of the Borough of Rockaway or such other court as may be permitted by law.

(2) Upon conviction, any person who violates any provision of this article shall be subject to a fine of not less than $500 nor more than $1,000 for the first offense and a fine of $1,000 and imprisonment for 90 days for the second and subsequent offenses, or the maximum penalties otherwise permitted by law.

(3) In addition to any other penalties imposed, upon conviction, any person who violates any provision of this article shall have their permit and/or license suspended for a period of one year on the first offense and permanently on the second offense.

B. For any continuing violation of any of the provisions of this article, each day (consisting of a twenty-four-hour period beginning at 12:01 a.m.) shall constitute a separate violation and shall incur the penalties set forth herein.

C. Any violation of any provisions of this article by any operator shall be deemed a per se concurrent violation of the employing proprietor's duty to supervise such operator and shall subject such employing proprietor to the penalties set forth herein.

D. In addition to any other penalties imposed herein, if the proprietor has failed to maintain the health and liability insurance required under this chapter, the proprietor shall be personally liable for all health care and other costs incurred by any patron for any injuries sustained by such patron as a result of the tattooing process, for any infections sustained by such patron as a result of the tattooing process or otherwise while the patron is in such tattoo establishment.

§ 261-81 Additional provisions.

A. In passing this article, it is the specific intent of the Board to best promote the health and welfare of the citizens of the Borough of Rockaway, the County of Morris, the State of New Jersey and the United States by imposing the strictest requirements permissible on the proprietors of tattoo establishments and tattoo operators and by imposing the harshest of penalties for violations hereof.

B. Should any section, subsection, sentence, clause, phrase or word of this article be subject to judicial interpretation, the same shall be interpreted in accordance with the intent of the Board in passing this article, and such interpretation shall be made in such a manner so as to impose the maximum requirements permitted by law or otherwise.

C. If any section, subsection, sentence, clause, phrase or word of this article is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the remaining portions of this article.

D. All ordinances of the Borough of Rockaway which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.

E. This article shall take effect immediately upon passage and publication as required by law.