]HISTORY: Adopted by the Board of Health of the Borough of Hopatcong
11-19-2003 by Ord. No. 21-2003. Amendments noted where applicable.]
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of licenses for body
art establishments issued by the Borough.
As used in this chapter, the following terms shall have the meanings
indicated:
Any place or premises, whether public or private, temporary or permanent
in nature or location, where the practices of body art, whether or not for
profit, are performed.
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, body piercing, tattooing and permanent
cosmetics.
This chapter does not apply to physicians who are authorized by the
State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A.
45:9-6 et seq.
A.
It shall be unlawful for any person to operate a body
art establishment without first obtaining a license from the Borough of Hopatcong
Board of Health.
B.
All licenses must comply with sterilization, sanitation
and safety standards outlined in N.J.A.C. 8:27-1 et seq.
C.
Body art establishment licenses will be issued annually
in January upon receipt of the requisite license fee. For those establishments
that limit body art procedures to piercing of the trailing edge of the ear
as described in N.J.A.C. 8:27-9.1, the annual licensing fee is $50. For all
other body art establishments, the annual licensing fee is $125.
The following warrant immediate closure of a body art establishment
until the violation is abated to the satisfaction of the Borough of Hopatcong
Board of Health or its authorized agents:
A.
Evidence of a failing or malfunctioning sewage system
as defined in N.J.A.C. 7:9A for body art establishments with an on-site sewage
system;
B.
Evidence of failing water quality tests. To determine
water quality, body art establishments served by an on-site well water system
must submit laboratory reports for bacterial water quality to the Borough
of Hopatcong Board of Health or its authorized agent during each quarter.
Other water quality tests may be required by the Borough of Hopatcong Board
of Health or its authorized agent; or
C.
Any other reason outlined in N.J.A.C. 8:27-11.0.
Any medical waste generated at the body art establishment shall be stored
and disposed of properly in accordance with state regulation.
A.
Any violation of the provisions of this chapter shall
be grounds for an enforcement action by the Borough of Hopatcong Board of
Health or its authorized agent. Such enforcement action may include a penalty,
a summons issued in municipal court or suspension, revocation or nonrenewal
of the body art establishment's license.
B.
Any person violating any provision of this chapter shall,
upon conviction, pay a penalty of not less than $100 and not more than $1,000
for each offense, unless otherwise provided by law. Each day the violation
exists shall be considered a separate offense.
