The village hereby finds that, based upon the experience of other municipalities, the process of tattooing involves certain health risks, including increases in serum hepatitis and increased risk of transmission of disease and further involves increased risks to the public as a result of waste disposal. The village further finds that mere regulatory measures have proven ineffective in the elimination of such health risks. In addition, businesses and establishments operated to provide tattoos, body piercing and body massage have an adverse secondary effect on a community, including depreciated property values and deteriorated community character. Such establishments are also detrimental to the health, safety and general welfare of a community, especially minors. In order to maintain property values and community character, and to promote the health, safety and general welfare of the residents of the village, this article is intended to restrict such businesses to nonresidential, nonbusiness, noncommercial areas of the village, and to otherwise regulate their operation. In addition, because the deleterious secondary effects of such businesses and establishments increase when such uses are concentrated, this article is intended to promote the health, safety, morals, general welfare, and good order of the residents of the village by regulating the concentration of such uses.

(L.L. No. 5-2000, § 1, 5-15-00)

(a)

Tattoo parlor. Any private or public establishment, store or business which provides as all or part of its business the application of tattoos on the human body through the injection of dye by needle or other method so as to form indelible marks, figures or designs, excluding permanent makeup. A tattoo parlor also includes any establishment, store or business that provides indelible marks or figures to the human body through the production of scars.

(b)

Body piercing parlor. Any private or public business, store or establishment that provides the service of piercing the human body, excluding ear piercing, through use of any piercing device or method.

(c)

Massage parlor. Any public or private establishment that is used for the provision of services of stroking, kneading, tapping or vibrating the human body with the hands or other devices, with or without the aid of oils or other lubricants, except for medical purposes operated by a person licensed in the state or otherwise authorized pursuant to the Education Law to practice medicine or osteopathy.

(L.L. No. 5-2000, § 1, 5-15-00)

Tattoo, body piercing and massage establishments shall be permitted subject to the following restrictions:

(a)

No such use shall be allowed within five hundred (500) feet of an existing adult use.

(b)

No such use shall be allowed within five hundred (500) feet of another tattoo, body piercing and/or body massage establishment, store or business.

(c)

No such use shall be located within five hundred (500) feet of the boundaries of any residential use zoning district (residential 1, 2, or 3).

(d)

No such use shall be located within five hundred (500) feet of a pre-existing school, public park, or place of worship.

(e)

No such use shall be located in any zoning district except the industrial use district.

(L.L. No. 5-2000, § 1, 5-15-00)

(1)

No person shall knowingly pierce or offer to pierce, for compensation, any part of the human body of an individual under the age of eighteen (18) years. Proof of age shall be determined upon presentation of two (2) forms of valid identification. Valid identification shall include a driver's license, picture sheriff's identification or birth certificate.

(2)

If the body piercing is offered in conjunction with the sale of an item of jewelry actually being used in connection with the body piercing, then that service or act shall be deemed to have been provided for compensation.

(3)

No person shall knowingly tattoo or offer to tattoo for compensation any part of the human body of an individual under the age of eighteen (18) years. Proof of age shall be determined upon presentation of two (2) forms of valid identification. Valid identification shall include a driver's license, picture sheriff's identification or birth certificate.

(L.L. No. 5-2000, § 1, 5-15-00)

(1)

The prohibition contained in section 25-309 shall not apply where written consent is provided by at least one parent or legal guardian of the minor.

(2)

The prohibition contained in section 25-309 shall not apply to any body piercing and/or tattooing performed by a duly licensed physician or nurse practitioner or persons acting under the supervision of a physician or nurse practitioner.

(3)

The prohibition contained in section 25-309 shall not apply to the piercing of ears.

(L.L. No. 5-2000, § 1, 5-15-00)

(a)

No use as described in this article shall be established until a special use permit is issued by the board of trustees. Application for such permit shall be made in writing to the village clerk and shall consist of a description of the premises and such additional information as shall be required by the board of trustees. The board of trustees shall call a public hearing for the purpose of considering the request for a special use permit. Notice of the time and place of the public hearing shall be given by publication of a notice in a newspaper of general circulation in the village. Said notice will indicate the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. Notice will be issued at least ten (10) days prior to such hearing date.

(b)

A special use permit issued under the provisions of this section shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or use so affected.

(c)

A special use permit that has terminated upon the transfer of title or ownership must be reapplied for by the subsequent applicant within sixty (60) days of the purchase of transfer.

(L.L. No. 5-2000, § 1, 5-15-00)

Any person who knowingly and willfully violates any provision of this article shall be subject to a penalty of up to two hundred fifty dollars ($250.00). Any person who willingly violates this article after having previously convicted of such offense shall be guilty of an unclassified misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00). In construing this article, each day that a business for tattooing and/or body piercing is operated shall constitute a separate offense and, in addition, each act of tattooing and/or body piercing shall be considered a separate offense.

(L.L. No. 5-2000, § 1, 5-15-00)

If any provision of this article or the application thereof to any person or circumstance shall be adjudicated invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not effect or invalidate the remainder of any provision of any section of the article or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this local law are hereby declared severable.

(L.L. No. 5-2000, § 1, 5-15-00)