HomeMy WebLinkAbout19-13 - Permanent Needle ExchangeORDINANCE NO. 19-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ADDING ARTICLE 23 (NEEDLE AND SYRINGE EXCHANGE
PROGRAMS) TO CHAPTER IX (SPECIAL LAND USE REGULATIONS) AND
AMENDING TABLE 13-30 OF CHAPTER IV (CITYWIDE LAND USE MATRIX) OF
TITLE 13 (PLANNING ZONING AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE, REGARDING THE OPERATION OF CLEAN NEEDLE AND
SYRINGE EXCHANGE PROGRAMS IN ALL ZONING DISTRICTS IN THE CITY
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, § 7,
Cal. Govt. Code § 37100, and may declare what uses and conditions constitutes a public
nuisance; and
WHEREAS, Government Code Section 38771 authorizes the City, through its
legislative body, to declare actions and activities that constitute a public nuisance; and
WHEREAS, the one clean needle and syringe exchange program ("NEP") that
had operated within Orange County manifestly failed to properly recover and safely
dispose of used hypodermic needles and syringes distributed at the City of Santa Ana
Civic Center, which distribution resulted in thousands of used hypodermic 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, state law, Health & Safety Code sections 11364.7 and 121349.1,
collectively provide that persons participating in NEPs who poses, and public entities,
agents, and employees operating NEPs that furnish, needles and hypodermic syringes
shall not be subject to criminal prosecution for such acts; and
WHEREAS, improper collection and disposal of used hypodermic needles and
syringes is inimical to the public health, safety and welfare; and
WHEREAS, improper collection and disposal of used hypodermic needles and
syringes is a public nuisance; and
WHEREAS, while the City recognizes that properly located and regulated NEPs
may help prevent the spread of blood -borne diseases, such regulation and approval of
locations must occur at the local level to avoid the location of NEPs near schools, parks
and playgrounds in order to avoid the demonstrated negative effects of NEPs, including,
but not limited to the improper disposal of syringes and congregation of persons addicted
to drugs near schools, parks and playgrounds; and
WHEREAS, Costa Mesa currently has the largest concentration of residential
sober living treatment facilities providing nonmedical treatment for individuals recovering
Ordinance No. 19-13 Page 1 of 5
from addiction than anywhere else in Orange County, and the highest number of any city
in the State. With a total of approximately 79 state licensed residential drug and alcohol
treatment facilities, the City has 23-percent of all such facilities in the County. In addition,
there are an estimated 60 sober living homes, both permitted and unpermitted, operating
in Costa Mesa. The purpose of these programs is straightforward — to provide an
environment where individuals that are working to recover from their addiction can live
and interact with similarly situated individuals in a group setting while also living and
working within the greater community. Bringing a NEP to Costa Mesa carries the risk of
undermining the efforts of both the sober living community and the City; and
WHEREAS, state licensed residential drug and alcohol treatment facilities and
sober living homes (both permitted and unpermitted), are distributed evenly throughout
the city's residential areas, while licensed in -patient and outpatient centers (counseling
facilities) are dispersed in all non-residential zones; and
WHEREAS, with few needle exchange programs operating in Orange County,
there would be an inevitable migration of individuals currently suffering from addiction
coming to Costa Mesa seeking free needles. Increasing the number of addicted persons
in the area would very likely undermine the successful recovery of persons who have
chosen to live and interact with other persons in recovery as opposed to being exposed
to persons currently addicted to narcotics; and
WHEREAS, it is inimical to the successful treatment and recovery of the large
number of persons in recovery from such addiction by allowing and/or permitting a use of
land that has the effect of providing easily obtainable syringes and hypodermic needles;
and
WHEREAS, Title 17 of the California Code of Regulations, Chapter 4, Subchapter
15, requires, inter alia, that all NEPs be operated in compliance with local ordinances;
and
WHEREAS, the City Council finds that the provisions of this Ordinance are
consistent with the City of Costa Mesa's General Plan; and
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General
Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen
with certainty that there is no possibility that the passage of this Ordinance will have a
significant effect on the environment; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
Now, therefore, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
Ordinance No. 19-13 Page 2 of 5
Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and
conclusions set forth above in the preamble of this Ordinance are true and correct.
Section 2: Article 23 (Needle and Syringe Exchange Programs) is added to
Chapter IX (Special Land Use Regulations), of Title 13 (Planning Zoning and
Development) to read as follows:
13-200.200 Definitions. "Clean needle and syringe exchange program" or "needle
exchange program" means any and all needle and syringe exchange programs or
projects, whereby hypodermic needles and/or syringes are dispensed pursuant to the
authority of Chapter 18 of Part 4 of Division 105 of the California Health & Safety Code,
or any successor section or chapter thereof, such that persons participating in and/or
operating such programs are exempted from criminal prosecution for acts related to the
possession of needles and/or syringes.
13.200.201 Prohibition. The operation of any and all clean needle and syringe exchange
programs on any public and/or private property, including but not limited to a public street,
ally, sidewalk or right-of-way, is prohibited in all locations, areas and/or zoning districts
within the City.
13-200.202 Penalties. A violation of this article shall constitute a public nuisance, and is
subject to all civil and/or administrative penalties for violations of the provisions of this
Code, including but not limited to those non -criminal penalties set forth in Chapter I of
Title I, Article 4 of Chapter I of Title 13, and/or Chapter III of Title 20.
SECTION 3. Table 13-30 of Chapter IV (Citywide Land Use Matrix) of Title 13
(Planning, Zoning and Development) is hereby amended to add row 32a as follows:
Section 13-30, Table 13-30, Row, 32a.
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2a. Needle Exchange Program
Section 4: Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General
Rule) of the CEQA Guidelines because it can be seen with certainty that there is no
possibility that the passage of this interim Ordinance will have a significant effect on the
environment.
Section 5: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
Ordinance No. 19-13 Page 3 of 5
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 6: Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
Section 7: Effective Date. This Ordinance shall take effect thirty (30) days after its
passage.
Section 8: The City Clerk shall certify the adoption of this Ordinance and shall cause
the same to be posted or published in the manner as required by law.
APPROVED AND ADOPTED on this V day of September, 2019.
ATTEST:
a'o� au&ol-
Brenda Green, bity Clerk
APPROVEM AS1TO FORM:
berV1 Hall Barlow, City Attorney
Ordinance No. 19-13 Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 19-13 was duly introduced for first reading
at a regular meeting of the City Council held on the 6th day of August, 2019, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 3rd day of September, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 4th day of September, 2019.
Brenda GreenQCity Clerk
Ordinance No. 19-13 Page 5 of 5