CHAPTER 9.50 - SYRINGE EXCHANGE PROGRAMS; PROHIBITED#

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Editor's note— Ord. No. 1069B, § 4, adopted October 10, 2023, set out provisions intended for use as §§ 9.50.01—9.50.04. For purposes of classification to maintain the numbering style of the Code, and at the editor's discretion, these provisions have been included as §§ 9.50.010—9.50.040.

9.50.010 - Purpose and intent.#

The purpose and intent of this section is to prohibit syringe exchange programs from operating in the city of Lincoln 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 section, "syringe exchange program" means a program operating within the jurisdictional boundaries of the city of Lincoln 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 Health and Safety Code, or successor section or chapter thereof, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.

(Ord. No. 1069B, § 4, 10-10-2023; Ord. No. 1067B, § 4, 10-10-2023)

9.50.020 - Syringe exchange programs prohibited.#

It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a syringe exchange program, as defined by Health and Safety Code Section 121349, et seq.

(Ord. No. 1069B, § 4, 10-10-2023; Ord. No. 1067B, § 4, 10-10-2023)

9.50.030 - Penalty.#

Any violation of this section may be enforced by the city, the city's police department or an enforcement officer in accordance with the procedures set forth under state law or city ordinances, including imposition of administrative citations pursuant to Chapter 1.16 of the Municipal Code.

(Ord. No. 1069B, § 4, 10-10-2023; Ord. No. 1067B, § 4, 10-10-2023)

9.50.040 - 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).

(Ord. No. 1069B, § 4, 10-10-2023; Ord. No. 1067B, § 4, 10-10-2023)