Chapter 8.40
SYRINGE EXCHANGE PROGRAMS AND SAFE DISPOSAL OF SHARPS
Sections:
8.40.020 Regulation of syringe exchange programs (SEPs).
8.40.010 Definitions.
For the purpose of this chapter, the following terms have the meanings given below:
A. “City council” refers to the city council of the city of Fortuna.
B. “City” means the city of Fortuna, California.
C. “City manager” means the city manager of the city of Fortuna and/or his or her designee.
D. “County” means the county of Humboldt, California.
E. “Drug” means: (1) articles recognized in the official United States Pharmacopoeia, the official National Formulary, the official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of humans or other animals; and (4) articles intended for use as a component of any article specified in subsection (E)(1), (2) or (3) of this section. Notwithstanding the foregoing sentence, “drugs” does not include or mean medical devices, their component parts or accessories.
F. “Person” means an individual, firm, sole proprietorship, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, association, cooperative, or other entity of any kind or nature, however organized.
G. “Provider” means any person that sells or otherwise furnishes drugs or sharps to consumers at a medical or veterinary office, clinic, hospital or approved needle-exchange program located in the city.
H. “Sharps” means one or more hypodermic needles, pen needles, intravenous needles, lancets and other devices used to penetrate the skin for drawing blood, or for the delivery of medications or drugs.
I. “Sharps container” means a rigid puncture-resistant container used in patient care or research activities 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 or other sharps.
J. “Syringe exchange programs” (SEPs) means a program operating within the jurisdictional boundaries of the city of Fortuna that provides sterile syringes, collects used ones, or acts as a point of access to health education and care for people who inject drugs. (Ord. 2019-733 § 1).
8.40.020 Regulation of syringe exchange programs (SEPs).
A. Syringe exchange programs shall operate in conformance with California Health and Safety Code Sections 121349 through 121349.3 and the applicable regulations set forth in Sections 7000 through 7016 of Title 17 of the California Code of Regulations (or as may be amended) as part of a network of comprehensive services to combat the spread of HIV and blood-borne hepatitis infection among injection drug users.
B. A provider interested in administering a clean needle and syringe exchange program in the city shall notify the city manager prior to beginning the program and shall comply with any program rules and regulations established by the city for administration of the program.
C. Sharps shall be issued on a one-for-one basis; one new sharp may be issued for each used sharp returned. The number of clean sharps issued is not limited by this chapter except as may be determined by the number of used sharps returned.
D. SEPs are allowed to operate at approved locations only. SEPs shall propose the location for review and approval by the city manager. SEPs shall only operate at location(s) approved by the city manager in advance. SEPs shall obtain written permission prior to operating on any public or private property. No SEP shall operate within the public right-of-way without written permission from the city.
E. A provider shall report to the city manager, on an annual basis, statistics that include but need not be limited to:
1. Number of individual clients served;
2. Number of needles distributed;
3. Number of needles returned/collected;
4. The location of the returned/collected needles; and
5. The number of referrals made for other services.
Provider shall provide more frequent reporting of these statistics, as often as quarterly, upon request by the city manager.
F. SEPs must demonstrate a plan and implementation for injection drug users to seek treatment for substance abuse, and provide referral for substance abuse treatment and other preventative health care services to participants in the program. SEPs shall submit this plan to the city prior to commencing operation.
G. SEPs shall develop a plan for the clean-up of used needles and submit that plan to the city manager for review and approval prior to operation. At a minimum, any SEP operating within the city shall organize and participate in area clean-ups of used needles on a regular basis and provide syringe disposal kiosk(s) as outlined in the clean-up plan.
H. SEPs shall issue identification cards for employees and volunteer workers for the program.
I. If the SEP is operating out of a motor vehicle, the motor vehicle shall be clearly marked with the general type of services being provided, and a contact phone number for the provider responsible for oversight of the program.
J. SEPs are not allowed to operate within 1,000 feet of a city park, and elementary and/or secondary school meeting all of the requirements of the compulsory education laws of the state or a licensed day care center.
K. SEPs are required to ensure that sharps are disposed of at the organizational level in conformance with OSHA standards at no cost to the city. (Ord. 2019-733 § 1).
8.40.030 Disposal of sharps.
A. Home-generated sharps as well as sharps generated from individual and group clean-ups shall be transported to a collection container or center that is permitted by state regulations to receive them. Loose disposal of sharps waste in trash or recycling containers is prohibited.
B. No provider shall dispose of their sharps in the city owned or provided kiosks or sharps containers. (Ord. 2019-733 § 1).
8.40.040 Enforcement.
A. Civil Penalties – Enforcement. The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 2019-733 § 1).
8.40.050 Severability.
If any subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional. (Ord. 2019-733 § 1).