Butte County Municipal Code Art. VI Ban on the Establishment and Operation of Needle Exchange or Distribution…

The Board of Supervisors recognize that the establishment and operation of needle exchange or distribution programs will increase improperly disposed needles which pose a serious risk to the public health, safety and welfare, given the potential for personal bodily injury, property damage, and contaminated waterways in the event of high-water levels. It is the purpose and intent of this article to ban the establishment, operation, engagement, use, and/or participation in needle exchange or distribution programs within the unincorporated areas of the County of Butte to protect the public health, safety, and general welfare of its residents.

(Ord. No. 4201, § 1, 3-23-21)

The following findings are hereby made:

(1) The improper collection and disposal of used hypodermic needles and syringes is inimical to, and presents an imminent threat to, the health, property, safety and welfare of the public; and

(2) A collection of needles and syringes near levees and river bottoms presents a threat to the health, property, waterways, safety and welfare of the public in the event of high-water levels; and

(3) Pursuant to the County of Butte's police power, as granted by Article XI, section 7 of the California Constitution, the Board of Supervisors of the County of Butte has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the County and its residents; and

(4) Absent a local regulation, a needle exchange or distribution program may be operated in virtually any location within the County; and

(5) The operation of needle exchange or distribution programs carries the risk of negatively impacting the goals of the County's General Plan including, but not limited to, decreasing the risk of exposure to hazardous materials and hazardous waste.

(Ord. No. 4201, § 1, 3-23-21)

"Needle exchange or distribution program" means any and all needle and syringe exchange or distribution programs or projects whereby hypodermic needles and/or syringes are exchanged or dispensed such that persons participating in and/or operating such programs are exempted from criminal prosecution for acts related to the possession of needles and/or syringes.

(Ord. No. 4201, § 1, 3-23-21)

It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a needle exchange or distribution program within the unincorporated areas of the County of Butte.

(Ord. No. 4201, § 1, 3-23-21)

Any person who violates any provision of this article shall be guilty of an infraction punishable by:

(1) A fine, not exceeding one hundred dollars ($100.00), for a first violation;

(2) A fine, not exceeding two hundred dollars ($200.00), for a second violation of this article within any consecutive twelve (12) month period; and

(3) A fine, not exceeding five hundred dollars ($500.00), for each additional violation of this article within any consecutive twelve (12) month period.

(Ord. No. 4201, § 1, 3-23-21)