Chapter 4.110 — SYRINGE EXCHANGE PROGRAMS

The purpose and intent of this chapter is to prohibit Syringe Exchange Programs from operating in the City of Anaheim in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this chapter, "Syringe Exchange Program" means a program authorized by the County of Orange or the California Department of Public Health and operating within the jurisdictional boundaries of the City of Anaheim that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, or successor section or chapter thereof, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes. (Ord. 6490 § 1 (part); July 28, 2020.)

The operation of any Syringe Exchange Program on public and/or private property, including but not limited to a public street, alley, sidewalk or right-of-way, is prohibited in all locations, areas, and/or zoning districts in the City of Anaheim. No use permit, variance, building permit, or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for a Syringe Exchange Program. Except as otherwise provided in California Health & Safety Code § 121349.1 or any successor statute, it shall be unlawful for any person or entity to own, manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, any Syringe Exchange Program, or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any Syringe Exchange Program. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense. (Ord. 6490 § 1 (part); July 28, 2020.)

Except as otherwise provided by California Health & Safety Code § 121349.1, or any successor statute, any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of the chapter is committed.

Alternatively, any violation of this Chapter may be enforced by the City, the City's Police Department or an enforcement officer in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fine(s). (Ord. 6490 § 1 (part); July 28, 2020.)

The provisions of this chapter shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s). (Ord. 6490 § 1 (part); July 28, 2020.)