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jmf 8/27/20 <br />ORDINANCE NO. NS-XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA ADDING ARTICLE XV <br />(SYRINGE EXCHANGE PROGRAMS) TO <br />CHAPTER 18 OF THE SANTA ANA MUNICIPAL <br />CODE (HEALTH AND SANITATION) PROHIBITING <br />SYRINGE EXCHANGE PROGRAMS FROM <br />OPERATING IN THE CITY OF SANTA ANA <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />WHEREAS, the state of California, acting through the California Department of <br />Public Health (CDPH), regulates the operation of Syringe Exchange Programs (SEPs), <br />which serve to provide sterile syringes, collect used ones, and dispense health education <br />for people who inject intravenous drugs; and <br />WHEREAS, according to the CDPH, there are more than 50 SEPs operating in <br />California: and <br />WHEREAS, sections 121349 through 121349.3 of the California Health and Safety <br />Code, and Title 17 (Division 1, Chapter 4, Subchapter 15) of the California Code of <br />Regulations, collectively govern the operation of SEPs, which may be authorized by the <br />state or localities under the standards enumerated therein: and <br />WHEREAS, since 2015, licensed pharmacies throughout California have been <br />authorized to sell syringes to adults without a prescription with no limits on the number of <br />syringes that may be sold, and California law further allows adults to purchase and <br />possess an unlimited number of syringes for personal use when acquired from a <br />pharmacy, physician, or authorized SEP; and <br />WHEREAS, among the operational requirements is that an SEP "shall operate and <br />furnish services in compliance with all applicable state laws, regulations and local <br />ordinances," 17 CCR section 7014; and <br />WHEREAS, from 2016 to 2018, the Orange County Needle Exchange Program <br />(OCNEP) was certified by CDPH to operate a SEP in the Santa Ana Civic Center, <br />functioning regularly on City -owned premises under a Memorandum of Understanding <br />with Santa Ana; and <br />WHEREAS, on a sustained basis, and despite the City's pleas, OCNEP failed to <br />properly recover and safely dispose of used hypodermic needles and syringes distributed <br />at the Civic Center, resulting in thousands of used hypodermic needles being discarded <br />in or on the adjacent public buildings, libraries, streets, sidewalks, parks, and waterways <br />Ordinance No. NS-XXX <br />Page 1 of 6 <br />