[HISTORY: Adopted by the Town Board of the Town of North Salem 4-14-1998
by L.L. No. 5-1998. 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 pigments by means of tattooing. It is also the experience
of the Town of North Salem 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 North Salem 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.
A violation of the provisions of this chapter shall be punishable by
a fine not to exceed $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; for conviction for a third or subsequent
offense, all of which were committed within a period of five years, punishable
by a fine of 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.
