HomeMy WebLinkAboutOrdinance 2017 (854) Ordinance No. 854 (2017)
S0��, UNTY ORDINANCE REPEALING AND RECREATING CHAPTER 45 -
TATTOOING AND BODY PIERCING- OF THE ST. CROIX
COUNTY CODE OF ORDINANCES
1 WHEREAS, the St. Croix County Board of Supervisors enacted Chapter 45 -Public Health
2 Ordinance No. 613 (2002)in March, 2002; and
3
4 WHEREAS, Chapter 45 of the St. Croix County Code of Ordinances should be repealed and
5 recreated to reflect current statutes and administrative codes.
6
7 THEREFORE, the County Board of Supervisors of the County of St. Croix does ordain as
8 follows:
9
10 Chapter 45 - Tattooing and Body Piercing - of the St. Croix County Code of Ordinances is
11 hereby repealed and recreated as Chapter 45 - Tattooing and Body Piercing - of the St. Croix
12 County Code of Ordinances as attached hereto.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: There is no direct impact resulting from this action
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04/11/17 Enacted
04/11/17 Health & Human Services Board RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS] Next: 5/2/2017 5:00 PM
MOVER: Tom Coulter, Supervisor
SECONDER: Bob Long, Supervisor
AYES: Logelin, Babbitt, Coulter, Long, Kiesler, Anderson, Leibfried, Rasmussen
ABSENT: Lisa Ramsay
Vote Confirmation.
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
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RESULT: ENACTED [UNANIMOUS]
MOVER: Christopher Babbitt, Supervisor
SECONDER: Bob Long, Supervisor
AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Long, Nelson, Berke, Ostness, Larson,
Hansen, Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
ABSENT: Laurie Bergren
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on May 2, 2017
Cindy Campbell, County Clerk
CHAPTER 45
TATTOOING AND BODY PIERCING
45.01 AUTHORIZATION.
(A) Pursuant to Wisconsin Statute § 463.16 in the administration and enforcement of
Wisconsin Statute §§ 463.10 and 463.12, the Wisconsin Department of Safety and
Professional Services ("Department") may enter into a written agreement with a
local health department with a jurisdictional area that has a population greater than
5,000, which designates the local health department as the Department's agent in
issuing licenses to and making investigations or inspections of tattooists, tattoo
establishments,body piercers, and body-piercing establishments. If the Department
designates a local health department as its agent, the Department shall reimburse
the local health department furnishing the service at the rate of 80% of the net
license fee per license per year issued in the jurisdictional area.
(B) Pursuant to Wisconsin Statute § 463.16(4), a local health department designated as
an agent of the Department shall establish and collect the license fee for each
tattooist or tattoo establishment and for each body piercer or body-piercing
establishment. The local health department may establish separate fees for pre-
inspections of new tattoo or body-piercing establishments, for pre-inspections of
existing establishments for which a person intends to be the new operator or for the
issuance of duplicate licenses. No fee may exceed the local health department's
reasonable costs of issuing licenses to, making investigations and inspections of,
and providing education, training and technical assistance to the tattooists and
tattoo establishments or body piercers and body-piercing establishments, plus the
state fee established under Wisconsin Statute § 463.16(9).
(C) The St. Croix County Department of Health and Human Services(DHHS)is hereby
authorized to act as an agent of the Department within St. Croix County, except in
cities and villages that have a health department designated as an agent of the
Department, for purposes of issuing licenses to and making investigations or
inspections of tattooists, tattoo establishments, body piercers, and body-piercing
establishments. DHHS shall enter into a written agreement with the Department to
act as an agent,pursuant to Wisconsin Statute Chapter 463.
45.02 DEFINITIONS.
The definitions set forth in Wisconsin Statute Chapter 463 and Wisconsin Administrative
Code Chapter SPS 221 are adopted by reference into this ordinance.
45.03 REGULATIONS.
(A) DHHS, as agent for the Department, may conduct inspections of tattooing
establishments, body-piercing establishments, and combined tattooing and body-
piercing establishments within St. Croix County in accordance with Wisconsin
Statute Chapter 463 and Wisconsin Administrative Code Chapter SPS 221.
(B) Pursuant to Wis. Stat. § 463.16(6), DHHS may adopt regulations regarding the
operator and premises for which DHHS is the designated agent. All regulations
adopted by DHHS can only be stricter than, and not in conflict with,the regulations
set forth in Wisconsin Statute Chapter 463 and Wisconsin Administrative Code
Chapter SPS 221.
(C) In addition to the regulations set forth in Wisconsin Statute Chapter 463 and
Wisconsin Administrative Code Chapter SPS 221, DHHS adopts the following
regulations related to tattooists, tattoo establishments, body piercers, and body-
piercing establishments, known collectively as "body art establishments":
(1) Body art establishments shall ensure that in addition to the requirements
of Wis. Adm. Code Ch. SPS § 221.04(2)(b), no person may tattoo or
body pierce another person in their establishment unless they have
attended blood-borne pathogen training at a minimum of every 24
months. Proof of completion of blood-borne pathogen training shall be
posted in the body art establishment.
(2) Body art establishments shall have an Exposure Control Plan, which
includes the establishments:
a. Procedures for setting up, tearing down, and disinfecting body art
workstations;
b. Procedures for preparing the body art site;
c. Procedures used for safe handling of sharps waste;
d. Procedures to protect the practitioner and patron from bodily fluids;
e. Procedures in the case that a practitioner or patron is exposed to
bodily fluids; and
f. Information on the benefits of Hepatitis B vaccination.
(3) The Exposure Control Plan shall be kept in the body art establishment
and shall be available to DHHS and verified during an inspection. At a
minimum, the Exposure Control Plan will be reviewed annually by the
operator and all persons working in the body art establishment.
(4) Body art establishments shall abide by the following regarding the care
of any body art procedure,which includes a tattoo and/or body piercing:
a. Patrons shall receive written after-care instructions that include the
following information:
i. Proper cleansing of the body art site.
ii. Recommendations to consult a health care provider for any
of the following:
1. Unexpected redness, tenderness, or swelling at the
site of the body art procedure.
2. Any rash.
3. Unexpected drainage at or from the site of the body
art procedure.
4. A fever within 24 to 48 hours of the body art
procedure.
iii. The name, address, and phone number of the establishment.
45.04 FEES.
Annual license fees, pre-inspection fees, and other fees authorized by law shall be
established by DHHS. Pursuant to Wis. Stat. § 463.16(4), the fees shall cover the
reasonable costs of issuing licenses to, making investigations and inspections of, and
providing education, training and technical assistance to the tattooists and tattoo
establishments or body piercers and body-piercing establishments, plus the state fee. A
written schedule of fees shall be created by DHHS identifying the types of facilities
regulated and the annual license fee,pre-inspection fee, and any other fee for each type of
establishment.
45.05 ENFORCEMENT.
(A) If upon inspection of an establishment, DHHS finds that the establishment is not
designed, constructed, equipped or operated as required by law or as required by
this ordinance, DHHS shall issue a written order to correct the violation. The order
shall specify the correction needed for compliance and the time period within which
the correction should be made.
(B) If the order to correct a violation is not carried out by the expiration of the time
period stated in the order, or any extension of time granted, DHHS may suspend or
revoke the license to operate the establishment.
(C) If a license is suspended or revoked, an establishment may request a review of the
suspension or revocation to the St. Croix County Public Health Officer. The request
for review must be filed within fifteen days of the suspension or revocation.
(D) After the Public Health Officer receives the request for review, he/she shall
investigate and gather information from the establishment. The Public Health
Officer shall affirm,reverse, or modify the initial determination. The decision shall
be mailed to the establishment.
(E) If the establishment wishes to appeal the Public Health Officer's decision, an appeal
may be filed with Health and Human Services Board within thirty (30) days of the
notice of the Public Health Officer's decision. An administrative hearing on the
appeal shall be held before the Health and Human Services Board.
45.06 PENALTIES.
In addition to orders to correct violations, DHHS may institute any action or proceeding
against violators of this chapter as provided by law,including issuing citations pursuant to
Chapter 1 of the St. Croix County Code of Ordinances or commencing a lawsuit.
45.06 SEVERABILITY.
If any provision of this ordinance is held to be invalid or unconstitutional, or if the
application of this ordinance to any person or circumstances is held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the provision or
application of this ordinance which can be given effect without the invalid or
unconstitutional provision or application.
45.07 AMENDMENTS.
Any future amendments, revisions, or modifications of Wisconsin Statute Chapter 463 or
Wisconsin Administrative Code Chapter SPS 221, or any other statutes referred to in this
ordinance are intended to be made part of this ordinance as such amendments, revisions,
or modifications are made to said statutes.
45.08 EFFECTIVE DATE.
This ordinance shall be effective the day after its publication.
Ordinance No. 613 (2002)—March, 2002
Repealed and Recreated: Ordinance No. (2017) —