Office of the Township Clerk
Ordinances

TOWNSHIP OF VERNON
ORDINANCE #04-11

An Ordinance to Regulate Body Art Establishments Within the Township of Vernon

Whereas, the Vernon Township Council has general jurisdiction, under N.J.S.A. 26:3A2-8, to adopt health ordinances for the control of disease and improvement of the health of its citizens; and

Whereas, the inherent general authority to conserve and protect the public health as conferred and recognized by N.J.S.A 26:1A-9 authorizes the Township Council to regulate body art establishments and persons engaged in the processes of tattooing, ear and body piercing, and permanent cosmetics, and

Whereas, there is a need for the regulation of body art establishments and persons engaged in the processes of tattooing, ear and body piercing, and permanent cosmetics because of the potential danger for the spreading of communicable diseases through these processes unless there are safeguards to ensure that said processes are safe and monitored under appropriate regulations.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey, as follows:

Section 1

The New Jersey Department of Health and Senior Services has promulgated certain regulations known as the "New Jersey State Sanitary Code Chapter 8 Body Art Procedures", New Jersey Administrative Code 8:27-1.1 through 8:27-11.4, which establishes standards for sterilization, sanitation and safety for persons engaged in the business of tattooing, permanent cosmetics, and ear and body piercing and same is hereby adopted in its entirety, with the exception of N.J.A.C. 8:27-10.1 through 8:27-10.3, and shall be controlling unless higher standards are prescribed herein by the Vernon Township Council.

Section 2

Definitions "Health Officer" shall mean the appointed licensed municipal Health Officer or authorized representative.

"Body Art Establishment" shall mean any place or premises, whether public or private, where the practices of body art, body piercing or permanent cosmetics, whether or not for profit, are performed.

Section 3

License Required

a. It shall be unlawful for any person to operate a body art establishment without a current License To Operate from the Vernon Township Health Department to operate such establishment, in accordance with the provisions hereof. An establishment operating with an expired license shall be considered as operating without a license.

b. The application for an initial license shall be accompanied by the appropriate fee. The license is not transferable. Any change of ownership shall require a new application and license with payment of fees therefore. All licenses shall expire on the last day of March annually and must be renewed annually for continuing operation of the establishment.

c. An application for renewal and the appropriate license fee shall be submitted prior to the expiration of the current license as further set forth herein.

Section 4

Requirements To Obtain License

a. The operation of the body art establishment shall take place within a permanent, non-mobile building. The location of the building shall be indicated in the initial license application. The license shall not be transferable to any other building, place, location or person.

b. Prior to the issuance or renewal of a license, the Health Officer or authorized representative shall inspect the body art establishment. A license may not be issued if the establishment is found to be in violation of any of the requirements of this Ordinance, including the state regulations (NJAC 8:27 et. seq.) as referenced in Section 1.

c. A body art establishment license may be renewed if said establishment has been inspected by the Health Officer or authorized representative and found to comply with all the requirements of this Ordinance and the state regulations, providing the inspection is performed and compliance is determined within 90 days prior to the expiration of the license.

d. A license shall not be issued for operation of a temporary body art establishment or to perform body art procedures outside of the physical site of a licensed establishment.

e. A license shall not be issued to any temporary establishment for the purposes of product demonstrations, industry trade shows, educational reasons or any other purpose.

f. Any establishment not served by an NJDEP approved public community water supply shall be required to sample for total coliform bacteria on a quarterly basis. The sample must be collected from the sampling point by personnel employed by a NJ licensed laboratory and tested by a NJ licensed laboratory. The results must be provided to the Township Health Department upon receipt.

g. An establishment shall employ the services of a Vernon Township licensed pesticide operator to inspect the premises on a monthly basis and to treat, as needed, for insects and rodents.

Section 5

Fees

a. Initial Application Fee for License - $500.00

b. Renewal Application Fee for License - $250.00 (including revocation or suspension reinstatement)

c. Issuance of License (New or Renewal) - no fee

Section 6

Violations

a. Not less than Two Hundred Fifty Dollars ($250.00) for each violation of this ordinance shall be payable to the Township of Vernon. Each day that a violation exists shall be considered a separate offense.

Section 7

Severability and Conflicts

a. In the event that any court of competent jurisdiction determines that any word, phrase, paragraph, or any other portion of this Ordinance is void, then that portion of the Ordinance shall be severable from the remaining portion of this Ordinance and only that specific portion of the Ordinance shall be void and all other portions of this Ordinance shall remain completely in force and full effect.

b. All other Township ordinances which are in conflict with this Ordinance are hearby repealed to the extent of such conflict.

c. This Ordinance shall take effect immediately after passage and publication according to law.

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on May 10, 2004 and the same came up for final passage at the Regular Meeting of the Township Council held on May 24, 2004, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

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IRA WEINER, MAYOR

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PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK