The purpose and intent of this chapter
is to protect the health, safety and welfare of the public by regulating
syringe exchange programs and providing for the safe disposal of sharps,
syringes, and corresponding waste.
(Ord. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
The following words and phrases,
whenever used in this chapter, shall be construed as defined in this
section:
means a person who uses syringe exchange services.
means an individual, partnership, corporation, joint venture,
or other entity of any nature.
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.
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.
means anyone who provides syringe exchange services on behalf
of a syringe exchange program.
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."
means a program operating within the jurisdictional boundaries
of the City of Roseville 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. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
Except as otherwise provided in California
Health and Safety Code Section 121349 et seq., as may be amended from
time to time, it is 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.
(Ord. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
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 600-foot radius of any public or private school,
day care center, playground, public park, community center, or library,
unless such syringe exchange services are provided on a private residential
property having a valid street address.
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
possess 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 subsection, 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 18
without a parent or guardian present.
(Ord. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
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, and Roseville Municipal Code Section 9.12.150, as may be amended from time to time.
C.
It is 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 is 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. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
Any violation of the provisions of
this chapter is hereby declared a public nuisance and may be abated
by all available means.
(Ord. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
Violation of any provision of this
chapter may be charged as an administrative citation, infraction,
or misdemeanor, at the discretion of the city attorney.
(Ord. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
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. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
The provisions of this chapter are
hereby declared to be severable. If any provision, clause, word, sentence,
or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of this chapter.
(Ord. 6717, 9/20/2023; Ord. 6728, 10/4/2023)
