60B - ORDINANCE FOR SYRINGE EXCHANGE

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WHEREAS, absent local regulation, an SEP authorized by the CDPH may be operated in locations where the impact of such operations has greater negative impacts on the public health and welfare than other locations; and WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution and Section 200 of the City Charter, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents; and WHEREAS, the City desires to exercise its local power and authority to prohibit SEPs from operating in Santa Ana pursuant to Chapter 18 of the Santa Ana Municipal Code (Health and Sanitation); and WHEREAS, based on the findings above, the City Council has determined that there exists a threat to public health, safety, and welfare if the City does not add Article XV to Chapter 18 of the Municipal Code to prohibit SEPs from operating in Santa Ana; and WHEREAS, all of the aforementioned findings, reports, and evidence shall be included as part of the record before the City in this matter, and are hereby incorporated into the City Council's record and findings related to this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as 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 CEQA Guidelines. SECTION 1. New Article XV (Syringe Exchange Programs) is hereby added to Chapter 18 of the Santa Ana Municipal Code (Health and Sanitation) to read in full as follows: ARTICLE XV. — SYRINGE EXCHANGE PROGRAMS Sec. 18-663. - Purpose and Intent. The purpose and intent of this Article is to prohibit Syringe Exchange Programs from operating in the City of Santa Ana in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles, and related waste. For purposes of this Article, "Syringe Exchange Program" means a program authorized by the County of Orange or the California Department of Public Health and operating within the jurisdictional boundaries of the City of Santa Ana that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Ordinance No. NS-XXX Page 3 of 6