ORDINANCE NO. 1715

AN URGENCY ORDINANCE OF THE CITY OF PLACERVILLE ADDING CHAPTER 17 TO TITLE 7 OF THE PLACERVILLE MUNICIPAL CODE PROHIBITING THE ESTABLISHMENT, OPERATION, USE, AND/OR PARTICIPATION IN SYRINGE EXCHANGE OR DISTRIBUTION PROGRAMS WITHIN THE CITY OF PLACERVILLE

WHEREAS, the state of California, acting through the California Department of Public Health (CDPH), regulates the operation of Syringe Exchange Programs (SEPs), which serve to provide sterile syringes, collect used ones, and dispense health education for people who inject intravenous drugs; and

WHEREAS, sections 121349 through 121349. 3 of the California Health and Safety Code, and Title 17 (Division 1, Chapter 4, Subchapter 15) of the California Code of Regulations, collectively govern the operation of SEPs, which may be authorized by the state or localities under the standards enumerated therein; and

WHEREAS, the California Department of Public Health (CDPH) renewed an authorization effective on or about January 9, 2024 for Sierra Harm Reduction Coalition ("Sierra Harm") to collect and provide needle and syringes through delivery and pickup within the City of Placerville, notwithstanding the City's participation in the public comment process and express declarations of public nuisance and safety concerns; and

WHEREAS, improper collection and disposal of used hypodermic needles and syringes presents an imminent threat to, the health, property, safety and welfare of the public in Placerville because the City houses many homeless people who use and discard these needles in the public rights of way and facilities; and

WHEREAS, syringe exchange programs that provide services near schools, parks and playgrounds have especially negative effects since they result in improper disposal of syringes and the congregation of persons addicted to drugs near schools, parks and playgrounds. Even though CDPH expressly stated that Sierra Harm is not allowed to deliver needles around schools or parks, users of these needles end up littering these very areas with used needles; and

WHEREAS, the City and County are in a public health crisis due to increasing overdose deaths, and the operation of a needle exchange or distribution program increases the risk of overdose and death by facilitating the use of deadly and dangerous synthetic opioids, like fentanyl, which can be hard to detect and drug users can be unaware that the drugs they ingest contain fentanyl, and can be lethal in doses as small as a few grains of salt; and

WHEREAS, CDPH recognized the health concerns and honored the County's ordinance prohibiting needle exchange programs in the unincorporated County, this action only increases the problems within the City limits by pushing illegal drug users into the City to obtain these supplies. This in turn increases the amount of illegally disposed syringes and other drug paraphernalia within the City of Placerville; and,

WHEREAS, the City is seeing an increase in the number of syringes and other drug paraphernalia found in its public places, specifically in the Historic Business Districts, the Main Library, and the emergency shelter, all of which are located within the City of Placerville. As residents of the County's emergency shelter leave during the day to receive supplies from a syringe exchange program, they are stashing these supplies in the landscape around the Main Library. The Placerville Library is a vital resource for families and the presence of syringes and pipes is a public safety hazard; and

WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Placerville has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents and to regulate or prohibit certain land uses; and

WHEREAS, Government Code Section 38771 et seq. authorizes the City, through its legislative body, to declare actions and activities that constitute a public nuisance; and

WHEREAS, the Placerville Municipal Code sets forth regulatory, penal and administrative ordinances of the City, and as to the use of land, and of buildings thereon, Title 10 (Zoning) of the Placerville Municipal Code is intended to promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare in conformance with the City's General Plan; and

WHEREAS, syringe services programs are not an enumerated use under the Zoning Code and the Placerville Municipal Code does not specifically authorize syringe services programs within the City, so they are considered a prohibited land use; and

WHEREAS, this ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858, and is for the immediate preservation of public health, safety and welfare. The facts constituting the urgency are:

1. The California Department of Public Health authorized a syringe services program that provides delivery and pickup of syringes and other drug paraphernalia within the City of Placerville in direct conflict with the City's Zoning Code; and

2. Absent the adoption of this Ordinance, the authorization of a syringe services program in the City has resulted in an increase in nuisance conditions negatively affecting the well-being of the community, thereby diminishing property values and introducing incompatible land uses to existing neighborhoods or in close proximity thereto; and

3. Absent the adoption of this Ordinance, the authorization of a syringe services program in the City will increase the burden upon City services due to enforcement of the established standards and regulations relating to syringe services programs, a burden which is already untenable; and

4. In a letter dated June 22, 2023, the then-Mayor and Chief of Police identified numerous health and public safety concerns specific to the syringe services program reauthorized by the California Department of Public Health; and

WHEREAS, this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because 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:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACERVILLE ORDAINS AS FOLLOWS:

Section 1. Placerville Municipal Title 7, Chapter 17, is added on an interim uncodified basis for the effective period of this ordinance as follows:

CHAPTER 17 Syringe Exchange Programs

Section 1. Syringe Exchange Programs — Public nuisance.

A. Purpose and Intent. The City Council recognizes that the establishment and operation of a syringe services program increases the amount of improperly disposed needles which pose a serious risk to the public health, safety, and welfare, given the potential for personal bodily injury, property damage, and contaminated waterways. It is the purpose and intent of this section to prohibit the establishment, operation, use, and/or participation in a syringe services program within the City of Placerville to protect the public health, safety, and general welfare of its residents.

B. Definition. “Syringe services program” means any and all needle and syringe exchange or distribution programs or projects whereby hypodermic needles and/or syringes are exchanged or dispensed 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. "Syringe services program" does not include any "health facility" as defined by California Health and Safe Code section 1250.

C. Prohibition. It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a syringe services program within the City of Placerville.

D. Conformance to Law. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s).

Section 2.

The recitals and statements of fact set forth in this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this ordinance is necessary as an emergency measure pursuant to, and as authorized by, Government Code sections 36927 and 65858(a) to prevent the proliferation of discarded needles and syringes while staff evaluates mechanisms to mitigate the health, welfare, and safety risks posed by syringe exchange programs operating within City limits.

Section 3. The City Council hereby declares, based on the findings set forth above, that there is an immediate need to preserve the public peace, health and safety constituting the urgency of this ordinance by preventing the proliferation of discarded needles and syringes while staff evaluates mechanisms to mitigate the risks posed by syringe exchange programs operating within City limits. Accordingly, this ordinance is adopted as an urgency ordinance pursuant to Government Code section 36937(c) and as a moratorium pursuant to Government Code section 65855 and shall take effect and be in force immediately upon its adoption until April 12, 2024, unless otherwise repealed or extended.

Section 4. The City Clerk is directed to publish this ordinance, or a summary thereof, within fifteen (15) days in accordance with Government Code section 36933.

I, REGINA O'CONNELL, CITY CLERK OF THE CITY OF PLACERVILLE, HEREBY CERTIFY this ordinance was PASSED and ADOPTED by the City Council of the City of Placerville at a regular meeting on February 27, 2024.

AYES:      Clerici, Neau, Saragosa, Yarbrough   

NOES:      Gotberg

ABSENT:      None

ABSTAIN:      None

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                        Mayor Jackie Neau

ATTEST:

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Regina O'Connell, CPMC, City Clerk