HomeMy WebLinkAbout2014-01-28; City Council; 21495; Amending Title 6 Health, Sanitation of Municipal Code by Addition of Chapter 3.10, Authorizing Collection and Disposal of Prescription Drugs by Use of Drug Drop BoxesCITY OF CARLSBAD - AGENDA BILL 11
AB# 21.495 AMENDING TITLE 6, HEALTH AND
SANITATION, OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF CHAPTER 6.10,
AUTHORIZING THE COLLECTION AND
DISPOSAL OF UNWANTED, UNUSED, AND
EXPIRED PRESCRIPTION DRUGS BY USE OF
PRESCRIPTION DRUG DROP BOXES
DEPT. DIRECTOR (^fA£^*^i»
MTG. 1/28/14
AMENDING TITLE 6, HEALTH AND
SANITATION, OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF CHAPTER 6.10,
AUTHORIZING THE COLLECTION AND
DISPOSAL OF UNWANTED, UNUSED, AND
EXPIRED PRESCRIPTION DRUGS BY USE OF
PRESCRIPTION DRUG DROP BOXES
CITY ATTY. crr-^^^^'
DEPT. FIR/POL
AMENDING TITLE 6, HEALTH AND
SANITATION, OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF CHAPTER 6.10,
AUTHORIZING THE COLLECTION AND
DISPOSAL OF UNWANTED, UNUSED, AND
EXPIRED PRESCRIPTION DRUGS BY USE OF
PRESCRIPTION DRUG DROP BOXES
CITY MGR. y
RECOMMENDED ACTION:
Introduce Ordinance No. CS-24Q . amending Title 6 Health and Sanitation ofthe Carlsbad Municipal
Code by the addition of Chapter 6.10, authorizing the collection and disposal of unwanted, unused, and
expired prescription drugs by use of prescription drug drop boxes.
ITEM EXPLANATION:
Unwanted, unused or expired pharmaceutical controlled substances, commonly known as 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.
Studies have shown that residential supplies of prescription drugs - those found in our home medicine
cabinets, have become the supply of choice for young people and criminals. Prescription drugs have
become the second most abused substance behind marijuana in juveniles ages 12-17 and most
commonly abused among 12-13 year olds.
Many abusers are known to have obtained their prescription drugs from the homes of family and friends. In
addition, research has shown that our environment is threatened by prescription drugs being flushed
down toilets or disposed in landfills. Most controlled substances are created synthetically, and are not
removed through normal water-treatment processes. This can result in the discharge of these substances
into the environment and into our ground water supplies.
It is this awareness that has resulted in the Carlsbad Police and Fire Departments working together with the
City Council to provide a safe alternative method to dispose of unwanted, unused and expired prescription
drugs. Experience has shown that parents, patients and others in possession of such prescription drugs
will take advantage of the opportunities for safe and secure disposal. One way citizens can be afforded
such an opportunity is for the city to provide secure drop boxes for the deposit of unwanted, unused or
expired prescription drugs.
DEPARTMENT CONTACT: Kevin Crawford 760-931-2141 Kevin.Crawford(a)carlsbadca.gov
FOR CLERK USE.
COUNCIL AaiON: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
The City of Carlsbad, pursuant to Title 21 Code of 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 secure drop boxes at designated
locations within city facilities, and to dispose ofthe collected controlled substance medications according to
State and Federal laws.
FISCAL IMPAa:
The drug drop box will be purchased with existing Fire Department funds. The drug drop box will be
installed in the lobby ofthe Carlsbad Safety Center by Property and Environmental Management
employees. The Police Department will collect and incinerate the contents ofthe drug drop box using
existing funds. The drug drop box program should not create a fiscal impact outside ofthe current
operating budgets for Fire, PEM, and Police.
ENVIRONMENTAL IMPAa;
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15061(b)(3) - The activity is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
EXHIBITS:
1. Ordinance No. CS-240
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EXHIBIT 1
ORDINANCE NO. CS-240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 6 OF THE
CARLSBAD MUNICIPAL 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
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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 ofthe 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.
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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 of the Carlsbad City Council
on the day of , 2014, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(Seal)