Loading...
ORD 02-19 Prohibiting Establishment of Mobile Needle Exchange ProgramsORDINANCE NO. 02-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 5 OF THE ORANGE MUNICIPAL CODE BY ADDING CHAPTER 5.91 PROHIBITING THE ESTABLISHMENT OF MOBILE NEEDLE EXCHANGE PROGRAMS IN THE CITY. WHEREAS,the City Council of the City of Orange,pursuant to its police powers afforded under the California Constitution, Article XI, Section 7, California Government Code Section 37100, et seq., may adopt regulations to protect the health, safety and welfare of the community, and may declare that certain uses and conditions constitute a public nuisance; and WHEREAS, California Government Code Section 38771 authorizes the City, through its legislative body,to declare actions and activities that constitute a public nuisance; and WHEREAS, while the City of Orange recognizes that properly located and regulated needle exchange programs may help prevent the spread of blood borne diseases among intravenous drug users (IDUs), the improper collection of used needles and syringes pose a grave risk to the health, safety and welfare of the public; and WHEREAS,the mobile needle exchange program that previously operated within Orange County failed to properly recover and safely dispose of used hypodermic needles and syringes distributed at the CiTy of Santa Ana Civic Center, which resulted in thousands of used needles being discarded in or on the adjacent public buildings, streets, sidewalks, parks, and waterways, both in Santa Ana and elsewhere in the County; and WHEREAS, approximately 14,000 improperly discarded needles were recovered during the cleanup effort after the individuals left the Santa Ana Riverbed Recreational Trail area following the relocation of the homeless encampments; and WHEREAS,first responders are regularly exposed to needles carried on suspects,victims, within confiscated property,and those discarded in public places,which present a health and safety hazard to our first responders and the general public; and WHEREAS, the mobile nature of the needle exchange program only exacerbates the spread of used needles and syringes throughout the City of Orange given the inevitable migration to the City of those individuals seeking free needles,and the lack of control for the safe and proper collection of used needles; and WHEREAS, the operation of the mobile needle exchange program, as proposed by the Orange County Needle Exchange Program("OCNEP"),would have the collection of used needles and distribution of clean needles occur in the public right of way,without sufficient safety barriers, resulting in a danger to the public and participants and constituting a public nuisance; and WHEREAS, the operation of the mobile needle exchange program proposed by OCNEP would operate in an area bordered by the Santa Ana Riverbed Recreational Trail, in an area that is primarily industrial, and devoid of any homeless encampments or areas where IDU's would congregate. As such,anyone utilizing the needle program would be coming into this neighborhood for this purpose only and would intrdduce an element that is otherwise not present, but for the operation of the needle exchange program; and . ., WHEREAS, the operation of a Mobile Needle Exchange Program has the risk of negatively impacting the Goals and.Objectives of.the:Land Use Element of the General Plan, including,but not limited to;.Goa13.0,:Policy_3:4; and Goal'6:0,Policies 6.2, 6.9 and 6.10 related to development activity that is inutiially berieficial to both the environment and the community; and WHEREAS, the operation of a Mobile Needle Exchange Program carries the significant risk of negatively impacting the Goals and Objectives of the Safety Element of the General Plan, including, but not limited to, Goal 4.0, Policies 4.1, and 4.2 related to Hazardous Materials and Human-Caused Hazards; and WHEREAS, for the reasons stated above, the improper collection and disposal of used hypodernuc needles and syringes is detrimental to the public health, safety, and general welfare and therefore constitutes a public nuisance; and WHEREAS, the City Council finds that the provisions of this ordinance are consistent with the protections provided for its citizens in the City of Orange General Plan; and WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality A t (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found.to be exempt, cons'istent with the findings in Section II of this Ordinance; and WHEREAS, the City Council`d'oes,;therefo're determine that this Ordinance is necessary for the preservation of the public health, safe`t,y and welfare of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: That the recitals contained herein are true and correct, incorporated herein, and form the basis for the adoption of this Ordinance. SECTION II: The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and Ordinance No. 02-19 2 15061(b)(3)because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a"project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per Sta#e CEQA Guidelines Section 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because the amendment to the Business Taxes and Regulations Ordinance is an action taken by the City as a regulatory agency, as authorized by local ordinance, to prevent the issuance of permits and licenses for mobile needle exchange business operations to prevent a public nuisance. As such,no further analysis is warranted or required. SECTION III: Title 5 of the Orange Municipal Code is hereby amended to add Chapter 5.91 to the Orange Municipal Code, which shall read as follows: Chapter 5. 91 Mobile Needle Exchange Programs 5.91.010 Definitions. NEEDLE EXCHANGE PROGRAM shall mean a program as described and defined in California Health and Safety Code Section 121349 et. seq., as they may be amended from time to time, apply to this chapter and are incorporated herein by reference. MOBILE NEEDLE EXCHANGE PROGRAM shall mean a Needle Exchange Program, as defined herein, that is capable of moving or being moved about readily, having no fixed or permanent location. 5.91.20 Prohibition(s). Mobile Needle Exchange Programs of all types are prohibited. No person shall establish, operate, conduct, or engage in a Mobile Needle Exchange Program within the city. 5.91.030 Public Nuisance. Any violation of this Chapter shall constitute a public nuisance and may be abated as provided in Chapter 1.08 of this Code and/or under state law. 5.91.040 Penalty. Any person who violates this section shall be guilty of a misdemeanor and fined up to 1,000 and/or be imprisoned in Orange County Jail for a period of up to six months. Ordinance No. 02-19 3 SECTION IV: The proposed ordinance amendment achieves multiple goals of the General Plan. Consistent with the Land Use Element, the ordinance amendment would allow for the preservation of development activity that is mutually beneficial to both the environment and the community. Consistent with the Public Safety Element,the ordinance amendment improves community safety and reduces the opportunities for criminal activity. Consistent with the Urban Design and Economic Development Elements, the ordinance amendment helps promote a streetscape that enhances the economic vitality and visual quality of commercial corridors and creates a business environment conducive and appealing to commercial industry. SECTION V: If any section, subdivision,paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION VI: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 12th day of February 2019. G , Mark A. Murphy,Mayor, ' o Orange ATTEST: Pamela Coleman, City Clerk, City of Orange Ordinance No. 02-19 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, Pamela Coleman, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 8th day of January 2019, and thereafter at the regular meeting of said City Council duly held on the 12th day of February 2019, was duly passed and adopted by the following vote, to wit: AYES:COLJNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco NOES:COUNCILMEMBERS: None ABSENT: COUNCILME'MBERS: None o ABSTAIN: COUNCILMEMBERS: None r , . . 4 Pi e` , Pamela Coleman, City Clerk, City of Orange Ordinance No. 02-19 5