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NS-2996
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Last modified
10/19/2020 3:19:59 PM
Creation date
10/19/2020 3:19:05 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2996
Date
10/6/2020
Destruction Year
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Health and Safety Code, or successor section or chapter thereof, such that persons <br />participating in and/or operating such programs are exempt from criminal prosecution for <br />acts related to the possession of needles and/or syringes. <br />Sec. 18-654. - Syringe Exchange Programs Prohibited. <br />The operation of any Syringe Exchange Program on public and/or private property, <br />including but not limited to a public street, alley, sidewalk or right-of-way, is prohibited in <br />all locations, areas, and/or zoning districts in the City of Santa Ana. No use permit, <br />variance, building permit, or any other entitlement, license or permit, whether <br />administrative or discretionary, shall be approved or issued for a Syringe Exchange <br />Program. Except as otherwise provided in California Health and Safety Code section <br />121349.1 or any successor statute, it shall be unlawful for any person or entity to own, <br />manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land <br />owner's agent, property manager or similar person having control over real property on <br />behalf of its owner) to allow or permit to exist, or be established, conducted, operated, <br />owned or managed on or within real property owned or controlled by such person, any <br />Syringe Exchange Program, or to participate as a landlord, lessor, land owner, employee, <br />contractor, agent or volunteer, or in any other manner or capacity, in any Syringe <br />Exchange Program. Each day a violation of this provision of this Article is committed, or <br />permitted to continue, shall constitute a separate offense. <br />Sec. 18-655. - Penalty. <br />Except as otherwise provided by California Health and Safety Code section <br />121349.1, or any successor statute, any person violating or failing to comply with any of <br />the provisions of this Article is guilty of a misdemeanor and shall be punished by a fine <br />not to exceed one thousand dollars or by imprisonment not to exceed six months, or by <br />both such fine and imprisonment. Each such person is guilty of a separate offense for <br />each and every day during any portion of which any violation of the provisions of the <br />Article is committed. <br />Alternatively, any violation of this Article may be enforced by the City, the City's <br />Police Department, or a code enforcement officer in accordance with the procedures set <br />forth in Chapter 1 of this Code, relating to the issuance of citations, imposition of <br />administrative fines, right to appeal, and the right to an administrative hearing, and shall <br />be subject to the imposition and payment of administrative fine(s). <br />Sec. 18-656. - Conformance to Law. <br />The provisions of this Article shall be interpreted in accordance with otherwise <br />applicable state and federal law(s) and will not apply if determined by the City to be in <br />violation of any such law(s). <br />Ordinance No. NS-2996 <br />Page 4 of 6 <br />
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