A.

The California Department of Public Health (CDPH) may authorize a needle and syringe exchange program (NSEP) in local communities pursuant to Health and Safety Code Section 121349 et seq.; and

B.

Improper collection and disposal of used hypodermic needles and syringes is inimical to, and presents an imminent threat to, the health, property, safety, and welfare of town citizens; and

C.

Pursuant to the town's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the town council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the town and its residents; and

D.

Government Code Section 38771 authorizes the town, through its legislative body, to declare actions and activities that constitute a public nuisance; and

E.

As to matters concerning land use, and of buildings thereon, Title 17 (zoning) of this code is intended to promote the growth of the town in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare in conformance with the town's general plan; and

F.

Needle and syringe exchange programs are not an enumerated use under Title 17 of this code, which does not specifically identify or regulate needle and syringe exchange programs within the town; and

G.

The operation of a needle and syringe exchange program carries the risk of negatively impacting the goals and safety element of the town's general plan; and

H.

The town council finds that the commencement, establishment and/or operation of a needle and syringe exchange program would pose a current and immediate threat to the public health, safety, or welfare.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

It shall be unlawful for any person to establish, operate, conduct, or engage in a needle and syringe exchange program, as defined by Health and Safety Code Section 121349 et seq. within the town.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

No property in any zone of the town shall be used for purposes of a needle and syringe exchange program of any type, including as defined by Health and Safety Code Section 121349 et seq. The use of any property for such purpose shall be a public nuisance and may be abated as provided in this code or pursuant to state law. A violation of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the town, create a cause of separate action for injunctive relief as well as any other available civil remedies.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)