The purpose of this chapter is to establish the conditions required for operation of a needle exchange program. This chapter does not authorize, expressly or impliedly, the operation of a needle exchange program. The city has enacted Chapter 9.67 (Ban on the Establishment of Needle Exchange Programs) concomitantly with the enactment of this chapter. This chapter is intended to be applicable in the event that Chapter 9.67 is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction. In such event, the operation of a needle exchange program shall be conducted in compliance with this chapter.
(Ord. 1431 § 2, 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. (or any similar program), within the city of Marysville except in compliance with this chapter.
(b) 
Any needle exchange program operated within the city of Marysville shall comply with the provisions of Section 9.68.030.
(Ord. 1431 § 2, 2020)
Any person, firm or entity operating a needle exchange program within the city of Marysville shall comply with all of the following:
(a) 
A "needle exchange"
shall mean a "one-for-one exchange." Any patient or client of a needle exchange program may receive only one needle in exchange for each used needle surrendered by the patient/client of the needle exchange program. For example, a patient/client who surrenders three used needles may receive in exchange no more than three new needles. The exchange of needles shall be contemporaneous. There shall be no "starter kit" or issuance of clean needles except with a one-for-one exchange of a used needle in exchange for a new needle.
(b) 
Prior to exchanging any needles pursuant to a needle exchange program the person, firm or entity operating the program shall meet with the Marysville chief of police and shall demonstrate a system to indelibly and distinctly mark any syringes supplied pursuant to the needle exchange program such that such syringes may be readily identified as having been provided by the needle exchange program. The chief of police shall approve the system to indelibly and distinctively mark syringes supplied pursuant to the needle exchange program and all syringes distributed pursuant to said program shall be marked in the approved fashion. The person, firm or entity operating the needle exchange program shall also be required to keep records which anonymously yet distinctively identify each patient/client of the program as well as the date and amount of all needles/syringes issued to such client/patient pursuant to the program. It shall be the duty and obligation of each client/patient to return all syringes and needles previously issued to such person. Any patient/client of the needle exchange program who does not account for and return the used needles and syringes previously issued shall no longer be entitled to, nor shall be issued any additional, new needles or syringes pursuant to the needle exchange program. The chief of police shall approve the system for maintaining records and the person, firm or entity who operates the needle exchange program shall keep such records and make them available for inspection to the chief of police or his designee upon request.
(c) 
Provision of Services. The person, firm or entity operating the needle exchange program shall use its best efforts to recommend and encourage its patient/client to utilize other services offered through the program and in particular those services described in Health and Safety Code Section 121349(d)(1)(A) through (D) inclusive. If the patient/client has not availed themselves of the above-described services after the issuance of one hundred clean needles, the person, firm or entity operating the needle exchange program shall discontinue an exchange of any further needles with such patient/client.
(Ord. 1431 § 2, 2020)
(a) 
Administrative Citation. Every violation of this chapter shall be determined to be an infraction punishable by the following:
(1) 
A fine not exceeding one hundred dollars for a first violation;
(2) 
A fine not exceeding two hundred dollars for a second violation of this chapter occurring within one year;
(3) 
A fine not exceeding five hundred dollars 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 this 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 ten calendar days after the issuance of the citation. An appeal hearing shall be conducted in accordance with the procedures set forth in Section 9.50.180. 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 attorney's 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. 1431 § 2, 2020)
This chapter shall become effective thirty days after its adoption by the Marysville city council.
(Ord. 1431 § 2, 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 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. 1431 § 2, 2020)