Recognizing the need to regulate and license Body Art Facilities due to the potential danger of spreading infectious diseases, the Dover Board of Health passed into law the following ordinance regulating Dover businesses that offer tattooing, permanent cosmetics, and ear and body piercing to the public:
Adoption of an ordinance of the Board of Health of the Town of Dover, County of Morris and the State of New Jersey entitled Chapter 397, Body Art Procedures, of the Code of the Town of Dover.
Chapter 397. BODY ART PROCEDURES
§ 397-1. Adoption of standards; availability of copies.
A code defining and governing all businesses that offer tattooing, permanent cosmetics, and ear and body piercing to the public with the exception of a physician who is authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. The provisions of the State Sanitary Code shall have the force and effect of law. Under the authority of N.J.S.A. 26:1A-9, the provisions are enforceable by the New Jersey State Department of Health and Senior Services and local departments of health.
A copy of the Body Art Procedures code is annexed hereto and made a part hereof without the inclusion of the text herein.
§ 397-2. Title of Code
The code established and adopted by this chapter is described and commonly known as “Body Art Procedures, New Jersey State Sanitary Code, Chapter VIII, N.J.A.C. 8:27-1 et seq.”
§ 397-3. Copies to remain on file.
Three copies of said Body Art Procedures Code have been placed on file in the office of the health department of the Town of Dover Board of Health upon the introduction of this chapter and will remain on file there for the use and examination of the public.
§ 397-4. Permit required; application.
No person shall engage in the business of or practice of tattooing or body piercing of other people within the Town of Dover without first obtaining a permit from the Town of Dover Health Department. Such an application shall be made on an application form provided by the Town.
§ 397-5. Permit fee; expiration of permit.
The permit fee shall be $1,250 for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued.
§ 397-6. Violations and penalties.
Any person who violates this chapter shall, upon conviction, forfeit and pay a fine of $250 - $500 for the first offense; $501 - $1,000 for the second offense occurring within two years of the first offense; and, for third and any subsequent offenses occurring within three years of the first offense, shall be subject to one (1) or more of the following: a fine not exceeding $2,000, a term of imprisonment not exceeding ninety (90) days or a period of community service not exceeding ninety (90) days.
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistencies.
If any article, section, subsection, paragraph, phrase or sentence is, for any reason, held to be unconstitutional or invalid, said article, section, subsection, paragraph, phrase or sentence shall be deemed severable.
This ordinance shall take effect immediately upon final publication as provided by law.
APPROVED: April 30, 2018
*click "NJ State Sanitary Code", to view a copy of the New Jersey State Sanitary Code, Chapter VIII, Body Art Procedures, N.J.A.C. 8:27-1 et seq.