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Mayor vetoes council�action to permit artistic tattoo studios after ADA, planning-board concerns

December 23, 2024 | Rutherford, Bergen County, New Jersey


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Mayor vetoes council�action to permit artistic tattoo studios after ADA, planning-board concerns
Council members voted to amend Rutherfordzoning to allow "class 8" artistic tattoo parlors, but Mayor announced a veto after hours of discussion about planning-board feedback and accessibility concerns.

Proponents, including the ordinance sponsor, said the change would allow local entrepreneurs such as Anthony and Paula Pereira to expand Arcana Tattoo in Rutherford. "We, at the time, made a concession to allow for the cosmetic tattooing, and miss Pereira has been open and operating successfully for 3 years," the sponsor said, noting the industry is largely appointment-based and that licensing and state law already regulate operators.

Planning-board comments prompted council members to ask whether the ordinance should limit tattoo studios to second-floor locations or allow first-floor use; council members and the borough attorney noted ADA considerations tied to ground-floor accessibility and said amending that language would require reintroduction on first read. The borough attorney explained that making tattoo parlors a conditional use would be duplicative because state licensing and preemption already govern certain conditions.

Opponents and multiple residents urged delay. One resident warned of unanticipated changes to Park Avenue and asked whether council was "turning Rutherford into Hoboken." Another council member said voters should have more opportunity to weigh in and urged further drafting to incorporate planning-board recommendations. The council nevertheless voted in favor on second reading. During the roll call the council recorded a majority vote in favor of passage.

Mayor said she would veto the ordinance, citing outstanding planning-board and ADA questions and saying the matter would benefit from additional attorney work and clearer language. "I'm gonna veto this at this time; there's too many people asking too many questions," the mayor said, and added that council may override the veto in 30 days.

Next steps: The veto will be filed with the clerk's office and the council may either revise the ordinance to address planning-board and ADA issues or pursue an override within the statutory 30-day window. The council discussed but did not adopt amendments at the meeting.

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