Sutter County Municipal Code Ch. 495 Ban on the Establishment and Operation of Needle Exchange Programs

The Board of Supervisors recognize that the establishment and operation of a needle exchange program 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 Chapter to ban the establishment, operation, engagement, use, and/or participation in a Needle Exchange Program within the unincorporated areas of Sutter County to protect the public health, safety, and general welfare of its residents.

This Chapter authorizes the imposition of administrative fines on any person who violates any provision of this ordinance to encourage and obtain compliance with the provisions of this ordinance for the benefit and protection of the entire community.

(Ord. No. 1671, § 2, 6-23-2020)

(a) It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a needle exchange program, as defined by Health and Safety Code section 121349, et seq. within the unincorporated area of the County of Sutter.

(Ord. No. 1671, § 2, 6-23-2020)

(a) Administrative Citation. An administrative citation may be issued by an Enforcement Officer to any person or responsible party who violates any of the provisions of this Chapter pursuant to the procedures as set forth in Chapter 87 of the Sutter County Ordinance Code.

(Ord. No. 1671, § 2, 6-23-2020)

(a) 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 needle 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 Sutter County Ordinance Code or any other law, statute, ordinance or regulation.

(Ord. No. 1671, § 2, 6-23-2020)

(a) This ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law.

(Ord. No. 1671, § 2, 6-23-2020)