Yuba City Municipal Code Ch. 24 Ban on the Establishment of Needle Exchange Programs

The Council recognizes that the establishment 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 City 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 chapter to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community.

(Ord. No. 009-20, § 2, 7-7-2020)

(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 § 121349, et seq. within the City.

(Ord. No. 009-20, § 2, 7-7-2020)

(a) Administrative citation. An administrative citation may be issued by an Enforcement Officer or other person with enforcement responsibility to any person or responsible party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Chapter 8 of Title 4 of the Yuba City Municipal Code.

(Ord. No. 009-20, § 2, 7-7-2020)

(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 Yuba City Municipal Code or any other law, statute, ordinance or regulation.

(Ord. No. 009-20, § 2, 7-7-2020)