9.67.010    Purpose and intent.

9.67.020    Prohibition.

9.67.030    Violations and penalties.

9.67.040    Penalties not exclusive.

9.67.050    Effective date.

9.67.060    Severability.

9.67.010 Purpose and intent.

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. 1431 § 1, 2020).

9.67.020 Prohibition.

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. 1431 § 1, 2020).

9.67.030 Violations and penalties.

(a)    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:

(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 § 1, 2020).

9.67.040 Penalties not exclusive.

Nothing in this chapter 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 this code or any other law, statute, ordinance or regulation. (Ord. 1431 § 1, 2020).

9.67.050 Effective date.

This chapter shall become effective thirty days after its adoption by the Marysville city council. (Ord. 1431 § 1, 2020).

9.67.060 Severability.

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. 1431 § 1, 2020).