Findings. | |
Prohibition of Sale of Replica Hypodermic Needles or Syringes. | |
Possession of Replica Hypodermic Needles or Syringes. | |
Enforcement. |
(a) The City and County of San Francisco has declared that a public health emergency exists in connection with the AIDS epidemic and the high rate of HIV infection among injection drug users and the corresponding high rate of transmission of the disease. The Department of Public Health is implementing a needle exchange program in order to prevent the further spread of HIV infection.
(b) Replicas of hypodermic syringes containing a red liquid are now being sold and possessed in the City and County of San Francisco. Many of the replicas are actually pens and pencils, or pieces of jewelry. The replicas are a serious public safety concern because there is no clear way to distinguish between real syringes and the replicas except on extremely close inspection. The replicas endanger the HIV education process by desensitizing persons to the seriousness of syringes.
(c) Replica syringes may also be frightening to persons who do not know if the syringes are real or replicas. Replica syringes may, as a result, be used in a manner that may be taken as threatening or dangerous, and may result in unwarranted responses that may likewise by threatening or dangerous. The replica or facsimile hypodermic needles or syringes and their public display are, as a result, potentially threatening to persons in the community and to the safety and welfare of the general public.
(Added by Ord. 136-93, App. 5/17/93)
It shall be unlawful for any person, firm or corporation to sell, or, for purposes of sale, to exchange, give, loan, furnish, display, or market, or to utilize for promoting the sale of any merchandise, any replica of facsimile hypodermic needles or syringes in the City and County of San Francisco. The provisions of this subsection shall not apply to any replica or facsimile hypodermic needle or syringe which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real needle or syringe.
(Added by Ord. 136-93, App. 5/17/93)
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