Chico Municipal Code Ch. 9.29 Syringe Exchange Programs

The purpose and intent of this Chapter is to protect the health, safety and welfare of the public by prohibiting unauthorized syringe exchange programs and the furnishing of syringes, unless authorized by state or federal law, and providing for the safe disposal of sharps, syringes, and corresponding waste.

This Chapter authorizes the imposition of all penalties available under state law and the Chico Municipal Code against any person or entity who violates any provision of this Chapter to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community.

(Ord. 2560 §2; Ord. 2561 §2; Ord. 2608 § 1 (part))

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section:

A. "Furnish" means to supply by any means, by sale or otherwise.

B. "Participant" means a person who uses syringe exchange services.

C. "Person" means an individual, partnership, corporation, joint venture, or other entity of any nature.

D. "Sharps" means a device that has acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to syringes, needles, and lancets.

E. "Sharps container" means a puncture-resistant plastic container with leak-resistant sides and bottom, and a tight fitting, puncture-resistant lid, meeting the standards of and receiving approval from the United States Food and Drug Administration as a medical device used for the collection of discarded medical needles, syringes, or other sharps.

F. "Staff" means anyone who provides syringe exchange services on behalf of a syringe exchange program.

G. "Syringe" means both the needle and syringe used to inject fluids into the body, referred to in California Health and Safety Code Section 121349, as may be amended from time to time, as a 'hypodermic needle and syringe.'

H. "Syringe exchange program" means a program operating within the jurisdictional boundaries of the City of Chico that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and syringes are dispensed, or where used hypodermic needles and syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, as may be amended from time to time, such that persons participating in and/or operating such programs are exempted from criminal prosecution for acts related to the possession of hypodermic needles and syringes.

(Ord. 2608 § 1 (part))

Except as otherwise provided in California Health and Safety Code Section 121349 et seq., as may be amended from time to time, it shall be unlawful for any person to own, manage, conduct, or operate any syringe exchange program on public and/or private property within the jurisdictional limits of the city. No person shall furnish a syringe to an adult for either human or animal use other than as authorized by and in strict conformity with State and federal law.

(Ord. 2608 § 1 (part))

A. No person may conduct or operate any syringe exchange program without approval of the California Department of Public Health pursuant to Health and Safety Code Section 121349 et seq., and such approval must be maintained at all times during the operation of such syringe exchange program.

B. No person may conduct, operate, or engage in any syringe exchange program, including any staff providing syringe exchange services, or any participant receiving or using syringe exchange services, within a six hundred (600) foot radius of any public or private school, child day care center, playground, public park, youth center, or library.

C. No participant or other person receiving syringes through any syringe exchange program may give, sell, trade, or otherwise transfer any syringe(s) so received to any other person.

D. No person conducting or operating any syringe exchange program, including staff providing syringe exchange services, shall provide any syringe(s) to a participant unless a sharps container is also given to the participant at the time any syringes are provided, or it is determined to a reasonable degree of certainty that the participant possesses or has access to a readily available sharps container that will allow for prompt disposal of used sharps and syringes immediately after use thereof.

E. No person conducting or operating any syringe exchange program, including staff providing syringe exchange services, shall provide any syringe(s) to any participant where such person or staff has actual or constructive notice that said participant has improperly disposed of any syringes or other sharps previously provided through the syringe exchange program to the participant. For purposes of this paragraph, constructive notice shall be effected when, based on all of the relevant facts and circumstances, a reasonable person would know that the subject participant has improperly disposed of any sharps of syringes previously provided to the participant through the syringe exchange program.

F. No person conducting or operating any syringe exchange program, including staff providing syringe exchange services, shall provide any syringe(s) to any participant under the age of eighteen (18) years of age without a parent or guardian present.

G. A syringe exchange program shall only operate between the hours of 9:00 a.m. and 6:00 p.m.

(Ord. 2608 § 1 (part))

A. Each syringe or sharps used in any way for the injection of a substance into the body shall be disposed of and secured in a sharps container immediately after its first use.

B. All disposal of sharps and sharps containers shall comply with California Health and Safety Code Section 118275 et seq., as may be amended from time to time.

C. It shall be unlawful for any participant or person to leave any used sharps or syringe in any location, place, or manner such that the sharps or syringe is able to come into contact with any other person.

D. It shall be unlawful for any participant or person to discard or otherwise dispose of any used sharps or syringe in any garbage receptacle, recycling receptacle, sink, toilet, or any other bin or receptacle that is not specifically designed for disposal of used sharps and syringes.

(Ord. 2608 § 1 (part))

Any violation of the provisions of this Chapter is hereby declared a public nuisance and may be abated by all available means.

(Ord. 2608 § 1 (part))

Violation of this chapter shall be a misdemeanor or an infraction and may be enforced by the filing of a criminal action by the city attorney or the issuance of an administrative citation in accordance with Chapter 1.15 of this code. Each needle or syringe distributed in a syringe exchange program shall be an independent and separate violation of this Chapter.(Ord. 2560 §2; Ord. 2561 §2; Ord. 2608 § 1 (part))

Nothing in this Section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the establishment, operation, engagement, use, and/or participation in a syringe exchange program. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in the Chico Municipal Code or any other law, statute, ordinance or regulation.

(Ord. 2560 §2; Ord. 2561 §2; Ord. 2608 § 1 (part))

This ordinance is intended to supplement state law and regulations, where permissible, but shall not apply if that application is preempted by state or federal law. In the case of a conflict between any section of this Chapter and any state or federal law, ordinance, regulation, permit, or authorization of a syringe exchange program, such state or federal law, ordinance, regulation, permit, or authorization, whichever the case, shall govern.

(Ord. 2608 § 1 (part))