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HomeMy WebLinkAbout2014-02-11; City Council; CS-240; Add Chapter 6.10 Prescription Drug Drop Boxes...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. CS-240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6 OF THE CARLSBAD IVIUNICIPAL CODE BY ADDING CHAPTER 6.10 PRESCRIPTION DRUG DROP BOXES WHEREAS, the Carlsbad City Council concurs that it is necessary to add Chapter 6.10 to the Carlsbad Municipal Code regulating the collection and disposal of unwanted, unused, or expired pharmaceutical controlled substances, commonly known as prescription drugs; and WHEREAS, the unwanted, unused, or expired prescription drugs are a public safety, public health, and environmental hazard because they can fall into the hands of children or criminals or be introduced to the environment through improper disposal; and WHEREAS, studies have shown that unwanted, unused, or expired prescription drugs have become the supply of choice for young people and criminals; and WHEREAS, studies have shown that unwanted, unused, or expired prescription drugs have become the second most abused substance, behind marijuana, in juveniles ages 12-17 and most commonly abused substance among 12-13 year olds; and WHEREAS, studies have shown that unwanted, unused, or expired prescription drugs threaten the environment by being flushed down the toilet; and WHEREAS, most controlled substances are created synthetically and are not removed through normal water-treatment processes, which can result in discharge of these substances into the environment and ground water supplies; and WHEREAS, the Police and Fire Departments working together with the City Council desires to provide a safe and secured alternative method to dispose of unwanted, unused, or expired prescription drugs; and WHEREAS, the Department of Justice has opined that for purposes of federal regulation of controlled substances, the City of Carlsbad, pursuant to Title 21 Code of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 Federal Regulations, section 1301.24(a)(2), may adopt this ordinance authorizing the Carlsbad Police and Fire Departments to possess pharmaceutical controlled substances within the performance of their duties, and to operate secured drop boxes at designated city facilities and to dispose of the collected controlled substances according to state and federal laws; and THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 6.10 is added to the Carlsbad Municipal Code to read as follows: Chapter 6.10 PRESCRIPTION DRUG DROP BOXES 6.10.010 Purpose. 6.10.020 Definition. 6.10.030 Police and Fire Departments - Possession of controlled substances in the form of unwanted, unused and expired prescription drugs. 6.10.010 Purpose. 1. The City of Carlsbad recognizes that unwanted, unused or expired prescription drugs, are a public safety, public health and environmental hazard because they can fall into the hands of children or criminals or be introduced to the environment through improper disposal. 2. The City also acknowledges that experience has shown that parents, patients and others in possession of such prescription drugs will take advantage of opportunities for safe and secure disposal. 3. The purpose of this chapter is to provide a safe and secure mechanism for the public to dispose of their unwanted, unused or expired prescription drugs at designated city facilities. 6.10.020 Definition. "Prescription Drug" means a drug requiring a prescription, as opposed to an over- the-counter drug, which can be purchased without a prescription. 6.10.030 Police and Fire Departments - Possession of controlled substances in the form of unwanted, unused and expired prescription drugs. In accordance with the purpose and provisions of Title 21 Code of Federal Regulations section 1301.24(a)(2), as amended from time to time, or any applicable successor provision of federal law, the Carlsbad Police Department and Carlsbad Fire Department is authorized to collect and possess controlled substances in the form of unwanted, unused and expired prescription drugs in the performance of their duties, and to dispose of such controlled substances according to state and federal laws. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the 28^ day of January, 2014, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 1day of February, 2014, by the following vote, to wit: AYES: Council members Hall, Packard, Wood and Blackburm. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIAA. BR , City Attorney MATT HALL, Mayor ATTEST: BA^^BARA ENC^Lf SON, City Clerk (Seal)