The Council recognizes that the establishment of a needle exchange
program will increase improperly disposed needles, which pose a serious
risk to 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. 576 § 1, 2020)
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.,
or any similar program within the City.
(Ord. 576 § 1, 2020)
Administrative Citation. Each needle or syringe distributed
in a needle exchange program shall be an independent and separate
violation of this chapter. Every violation of this chapter shall be
determined to be an infraction punishable by the following:
A.
A fine
not exceeding $100.00 for a first violation;
B.
A fine
not exceeding $200.00 for a second violation of this chapter occurring
within one year;
C.
A fine not exceeding $500.00 for each additional violation of this chapter within one year. An administrative citation may be issued by any peace officer or any person responsible for enforcement of provisions of the City's Municipal Code to any person or responsible party who violates any provisions of this chapter. A citation issued pursuant to this chapter may be appealed by filing an appeal in writing with the City Clerk no later than 10 calendar days after the issuance of the citation. An appeal hearing shall be conducted in accordance with the procedures set forth in Sections 8.24.120 through 8.24.180 and 8.24.200 of this code. If a timely appeal is not filed, the citation and penalty associated therewith shall be final. Upon the finality of a citation (or if appealed, the establishment of the validity and amount thereof) the citation shall be immediately due and payable. If the citation is not paid the City may take such other actions as may be allowed by law, including the filing of a civil action. If a civil action is commenced, the City shall be entitled to recover reasonable attorneys fees and costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty.
(Ord. 576 § 1, 2020)
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 Live Oak Municipal
Code or any other law, statute, ordinance or regulation.
(Ord. 576 § 1, 2020)
This chapter shall become effective 30 days after its adoption
by the Live Oak City Council.
(Ord. 576 § 1, 2020)
If any section, subsection, sentence, clause, portion, or phrase
of this chapter is for any reason held illegal, invalid, or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions hereof. The
City Council hereby declares that it would have passed the ordinance
codified in this chapter and each section, subsection, sentence, clause,
portion, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared
illegal, invalid or unconstitutional.
(Ord. 576 § 1, 2020)
