Chapter 8.49
HOME-GENERATED SHARPS WASTE MANAGEMENT
Sections:
8.49.010 Definitions.
A. “Consumer” means a person who acquires sharps for personal use, or for use on a pet.
B. “Home-generated sharps waste” means sharps that have been used by a consumer.
C. “Provider” means any person that sells or otherwise furnishes sharps to consumers at a medical or veterinary office, clinic or hospital located in the City.
D. “Retail or provider establishment” means the location in the City where the retailer sells sharps or the provider sells or furnishes sharps to consumers.
E. “Retailer” means any person that sells sharps directly to consumers at a business located in the City.
F. “Sharps” means one (1) or more hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications or testing of blood or tissue.
(Ord. 2015-08, Added, 10/20/2015)
8.49.020 Sharps management.
A. Not later than sixty (60) days after the effective date of the ordinance adding this chapter to this code, every retailer and every provider of sharps in the City shall establish a system for the collection of home-generated sharps waste for proper disposal during the retailer’s or provider’s normal hours of operation.
B. Each system established by a retailer or provider for the collection and disposal of home-generated sharps waste shall include, at a minimum, the following elements:
1. A receptacle or receptacles in a convenient location within the retail or provider establishment for the collection of home-generated sharps waste that meets the requirements specified in subsection (B)(2) of this section. Any receptacle used for the collection of home-generated sharps waste shall meet applicable state and federal standards.
2. Signage prominently displayed within five (5) feet of every entrance to the retail or provider establishment and easily visible to the consumer, indicating that the retail or provider establishment collects home-generated sharps waste from consumers.
3. The retailer or provider shall dispose of all home-generated sharps waste that is collected at the retail or provider establishment in accordance with all applicable laws and regulations.
C. A retailer shall at a minimum provide the following on-site collection services:
1. The collection from a consumer of home-generated sharps waste if the retailer previously sold sharps to the consumer, at no cost to the consumer. The retailer may require proof of purchase of the prior sales, and shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps previously sold to the consumer.
2. The collection of home-generated sharps waste from a consumer simultaneously purchasing sharps from the retailer, at no cost to the consumer. The retailer shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps being purchased.
D. A provider shall at a minimum provide the following on-site collection services:
1. The collection from a consumer of home-generated sharps waste if the provider previously sold or otherwise furnished sharps to the consumer, at no cost to the consumer. The provider may require proof of purchase of the prior sales, or proof that sharps were provided to the consumer if provided at no cost, and shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps previously sold or provided to the consumer.
2. The collection of home-generated sharps waste from a consumer simultaneously purchasing or otherwise obtaining sharps from the provider, at no cost to the consumer. The provider shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps being purchased or obtained.
E. In lieu of an on-site collection system as described and required in subsections B, C and D of this section, a retailer or provider may satisfy the requirements of this section by providing state-approved “free of charge” mail-back sharps disposal containers to consumers who are purchasing or obtaining sharps from the retailer or provider.
(Ord. 2015-08, Added, 10/20/2015)
8.49.030 Regulations.
The City Council may establish regulations to implement the provisions of this chapter, which shall become effective and applicable to retailers and providers in the City when adopted by resolution of the City Council.
(Ord. 2015-08, Added, 10/20/2015)
8.49.040 Enforcement.
A. In addition to any other remedy allowed by law, the City may enforce the provisions of this chapter through the provisions of Title 21, including civil, criminal, and administrative abatement proceedings, administrative citations, and penalties.
B. Any civil penalties or administrative penalties collected shall be used for the City’s costs of administration under this chapter and for programs for the collection and/or disposal of home-generated sharps waste.
C. All remedies prescribed under this chapter shall be cumulative and the election of one (1) or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.
(Ord. 2015-08, Added, 10/20/2015)