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Rockville, IN Code of Ordinances
TOWN OF ROCKVILLE, INDIANA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 111.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BLOOD. Human blood.
   BLOODBORNE PATHOGENS. Pathogenic micro-organisms that are present in human blood and can cause disease in humans. These PATHOGENS include, but are not limited to, the following:
      (1)   The hepatitis B virus;
      (2)   The hepatitis C virus; and
      (3)   The human immunodeficiency virus.
   BOARD. The Rockville Board of Zoning Appeals.
   BODY PIERCER. Any person who performs body-piercing on an individual.
   BODY-PIERCING. Any penetration in or through any skin or mucous membrane on the human body with or by a needle, pin or other sharp object.
   BODY-PIERCING ESTABLISHMENT. Any room or space where a body piercer performs any body-piercing acts on an individual or where body-piercing activities take place.
   CLEANED. Removal of all visible dust, soil or any other foreign material.
   CONTAMINATED. The presence or reasonably anticipated presence of blood or other potentially infectious materials (OPIM) on an item or surface.
   COUNTY HEALTH DEPARTMENT. The Parke County Department of Health.
   DECONTAMINATED. The use of physical or chemical means to remove, inactivate or destroy bloodborne pathogens on a surface or item which does not require sterilization to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use or disposal.
   HBV. The hepatitis B virus.
   HCV. The hepatitis C virus.
   HIV. The human immunodeficiency virus.
   INFECTIOUS WASTE. Waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease. INFECTIOUS WASTE includes, but is not limited to, the following:
      (1)   Contaminated sharps or contaminated objects that could potentially become contaminated sharps;
      (2)   Infectious biological cultures, infectious associated biologicals and infectious agent stock;
      (3)   Pathological waste;
      (4)   Blood and blood products in liquid and semi-liquid form;
      (5)   Carcasses, body parts, blood and body fluids in liquid and semi-liquid form, and bedding of laboratory animals; and
      (6)   Other waste that has been intermingled with infectious waste.
   MINOR. An individual who is less than 18 years of age.
   OTHER POTENTIALLY INFECTIOUS MATERIALS (OPIM). The following:
      (1)   Human body fluids as follows:
         (a)   Semen;
         (b)   Vaginal secretions;
         (c)   Cerebrospinal fluid;
         (d)   Synovial fluid;
         (e)   Pleural fluid;
         (f)   Pericardial fluid;
         (g)   Peritoneal fluid;
         (h)   Amniotic fluid;
         (i)   Saliva in dental procedures;
         (j)   Any body fluid that is visibly contaminated with blood; and
         (k)   Any body fluids that are difficult or impossible to differentiate between other body fluids.
      (2)   Any unfixed tissue or organ, other than intact skin, from a human, either living or dead; and
      (3)   HIV containing cell or tissue cultures, and HIV or HBV-containing culture medium or other solutions, and blood, organs or other tissues from experimental animals infected with HIV or HBV.
   PARENTERAL. Piercing the mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts or abrasions.
   PERSONAL PROTECTIVE EQUIPMENT. Specialized clothing or equipment worn for protection against contact with blood or OPIM.
   SECURE AREA. An area that is designated and maintained to prevent the entry of unauthorized persons.
   SEMI-LIQUID BLOOD, BLOOD PRODUCTS. Blood, blood products that have intermediate fluid properties and are capable of flowing in a manner similar to liquid.
   STERILIZE. The containment of infectious waste in such a manner as not to constitute collection, treatment, transport or disposal.
   TATTOO.
      (1)   Any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of needles or other skin-piercing instruments; or
      (2)   Any design, letter, scroll, figure or symbol done by scarring upon or under the skin.
   TATTOO ARTIST. Any person who provides a tattoo to an individual.
   TATTOO ESTABLISHMENT. Any room or space where a tattoo artist provides tattoos to individuals or where the tattooing activities take place.
   TATTOO OPERATOR. Any person who controls, operates, conducts, manages or owns any tattoo establishment.
   UNIVERSAL PRECAUTIONS. An approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, HCV and other bloodborne pathogens.
(Ord. 2002-676, passed 9-17-2002)
§ 111.02 LICENSE REQUIRED.
   (A)   No person shall conduct, maintain, operate or cause to be conducted, maintained or operated, any tattoo and/or body-piercing establishment within the corporate limits of the town without first being licensed under this chapter.
   (B)   No tattoo artist, body piercer, employee of a tattoo or body-piercing establishment, or person acting on behalf of a tattoo or body-piercing establishment who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood shall do business within the corporate limits of the town without first obtaining a permit under this chapter.
(Ord. 2002-676, passed 9-17-2002)
§ 111.03 LICENSE AND PERMIT APPLICATION REQUIREMENTS.
   (A)   A person or organization shall apply for a tattoo and/or body-piercing establishment license with the Town Clerk-Treasurer on forms prescribed by the Town Council. The application shall contain, in addition to other information required by the Council, the following information:
      (1)   The name, address and telephone number of the applicant. If the applicant is a partnership, the application shall state the names, addresses and telephone numbers of all person constituting such partnership. If the applicant is a corporation, the application shall state its principle place of business, the full name of such corporation, the state under whose laws it is incorporated, the full names, addresses and telephone numbers of all officers, directors and manager thereof;
      (2)   The name, address and telephone number of all employees, agents or individuals who will be working at the business location;
      (3)   The applicant’s business address and telephone number;
      (4)   Qualifications of the applicant or, if a corporation, of the manager, officers or directors in operating, maintaining or conducting a tattoo and/or body-piercing establishment, and dates and locations of any previous operations, if any;
      (5)   Written documentation indicating that the applicant has successfully completed the training program required under the requirements of the State Occupational Safety and Health Administration’s bloodborne pathogen standard;
      (6)   A statement of prior criminal record, if any, of applicant, or in case of a corporation, its officers, directors, manager or stockholders and details relating to any such prior criminal record;
      (7)   The number of work stations at the business location;
      (8)   The tattoo and/or body-piercing establishment’s hours of operation; and
      (9)   Verification under oath that under the penalties for perjury, all information and representations contained in the application are true and accurate.
   (B)   Each applicant shall obtain a certificate of inspection from the County Health Department, indicating that his or her establishment has been inspected and is in compliance with the provisions of this chapter and shall submit such certificate with its application to the Board for review and action.
   (C)   Each application must receive approval from the Town Superintendent indicating that the location of the business is in a commercial area zoned for general business or local business. A body- piercing and/or tattoo establishment shall only be permitted as a special exception on property zoned as general business or local business. Petitions must comply with all requirements to obtain a special exception pursuant to § 154.36 as if the petitioner was obtaining a special exception to operate a clinic in addition to all the requirements set forth in this chapter.
   (D)   Permit application requirements: each applicant for a permit to provide tattoos or perform body- piercing shall make application with the Town Clerk-Treasurer on forms prescribed by the Board which shall include, in addition to other information required by the Board, the following information:
      (1)   Name of applicant, including previous name or alias, if any;
      (2)   Place and date of birth;
      (3)   Present residence address;
      (4)   Previous residence addresses during the past five years;
      (5)   For whom applicant intends to work;
      (6)   Nature of work applicant intends to perform;
      (7)   A description of the applicant’s qualifications, including dates and names of previous employers, if any;
      (8)   Details relating to any prior criminal record, if any;
      (9)   Written documentation from a duly licensed physician certifying that the applicant has been examined within the 30-day period preceding the date of application for a permit and that he or she is free from any communicable diseases; and
      (10)   Written documentation that the applicant has successfully completed the training program required under the requirements of the Indiana Occupational Safety and Health Administration’s bloodborne pathogen standard.
   (E)   No applicant for a license or permit under this chapter shall be issued such license or permit if the applicant:
      (1)   Has been convicted of a felony;
      (2)   Has been known to be drug users or alcohol abusers; or
      (3)   Has been determined by a licenses mental health professional to be mentally incompetent.
(Ord. 2002-676, passed 9-17-2002)
§ 111.04 LICENSING PROCEDURES.
   (A)   Upon receipt of the recommendations from the Town Superintendent, the Town Clerk-Treasurer shall submit to the Board for its review and action a copy of the application, any reports and any other documents filed by the applicant. The Board shall set a date for a public hearing on said application with the Board and shall notify the applicant of the date and time of the hearing. The applicant shall be present at the hearing and be available to answer any questions propounded by the Board with regard to the proposed business activity.
   (B)   No license shall be issued by the Board if it shall be determined that the proposed operation by the applicant will probably constitute a menace to the public health and welfare. No license shall be issued by the Board in the event that it is determined that the applicant, or in the case of a corporation, the officers, directors or manager have previously been connected with any tattoo and/or body-piercing establishment whose license has heretofore been revoked or if the premises sought to be so licensed failed to comply in any manner with the regulations, ordinances and laws applicable thereto. Employment by the applicant of any person who practices tattoo artistry or body-piercing and is not in possession of a valid permit under this chapter shall be grounds for the denial of an application or for its revocation.
   (C)   No permit shall be issued by the Board if it is determined that an applicant has not met all the requirements established under this chapter and will probably constitute a menace to the public health and welfare.
   (D)   All applicants shall file with the Town Clerk-Treasurer within ten days of their applications’ approval by the Board a certificate of insurance indicating coverage against all public liability in the amount of not less that $1,000,000 from any one occurrence. Such insurance policy shall be used to compensate any and all persons who may have any claims or injuries, including death, arising out of or resulting from any tattooing or body-piercing activities performed by a licensed individual at a business location. Any insurance policy filed with the town shall contain the following provision: “The Town, through the Clerk-Treasurer’s Officer, shall be given at least 15 days notice prior to the effective date of the cancellation or material change of this policy.”
   (E)   Upon favorable action by the Board and the filing of all required documents and payment of all fees, the Clerk-Treasurer’s office shall issue a “Tattoo Establishment” and/or “Body-Piercing Establishment” license to the applicant.
(Ord. 2002-676, passed 9-17-2002)
§ 111.05 DENIAL OF APPLICATION.
   If the Board denies an application for a license or permit, it shall notify the applicant of its decision and the grounds therefore by certified mail, return receipt requested.
(Ord. 2002-676, passed 9-17-2002)
§ 111.06 DISPLAY OF LICENSE.
   (A)   The person or organization which is issued a license pursuant to this chapter to operate a tattoo and/or body-piercing establishment shall display such license in a conspicuous location near the entry of the facilities or premises.
   (B)   The license and information concerning the contact person shall remain posted in the business establishment throughout the duration of the time for which the license was issued.
(Ord. 2002-676, passed 9-17-2002) Penalty, see § 111.99
§ 111.07 EXPIRATION AND RENEWAL.
   (A)   All licenses or permits issued under this chapter shall expire on December 31 of each year.
   (B)   Each licensed individual shall renew his or her license or permit on an annual basis according to the application requirements and procedures set forth in this chapter, except that a subsequent application for special exception shall not be required.
      (1)   The Board may summarily, without hearing, approve or deny license renewal requests. Within five days after the receipt of such notification, the applicant may file a written request for a public hearing on the application, together with exceptions to the grounds on which the Board based its denial of application.
      (2)   Upon the filing of the request, the Board shall fix a time and place for the hearing, which shall be within 15 days after the request is filed, and shall notify the applicant thereof.
      (3)   At the hearing, the applicant may present evidence and make arguments in support of his or her application and exceptions.
      (4)   Any interested person may be allowed to participate in the hearing to present evidence in opposition to the application and exceptions.
      (5)   Within ten days after the conclusion of the hearing, the Board shall render a written decision either to affirm, modify or reverse its original decision.
(Ord. 2002-676, passed 9-17-2002)
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