HomeMy WebLinkAbout2014-02-11; City Council; 21502; Amend Title 6 Health and Sanitation Municipal Code by Addition of Chapter 6.10CITY OF CARLSBAD - AGENDA BILL
AB# 21,502 AMENDING TITLE 6, HEALTH AND SANITATION, OF
THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
DEPT. DIRECTOR[^
MTG. 02/11/14
AMENDING TITLE 6, HEALTH AND SANITATION, OF
THE CARLSBAD MUNICIPAL CODE BY THE ADDITION ^——
CITY ATTORNEY
DEPT. Clerk OF CHAPTER 6.10 CiTY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-240, 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 prescriptions drugs by use of prescription drug drop boxes.
ITEM EXPLANATION:
Ordinance No. CS-240 was introduced and first read at the City Council meeting held on January 28,
2014. The second reading allows the City Council to adopt the ordinance that will become effective
thirty days after adoption. The City Clerk will have the ordinance or a summary of the ordinance
published within fifteen days, If adopted.
FISCAL IMPACT:
See AB #21,495 on file In the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
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.
EXHIBIT:
1. Ordinance No. CS-240.
DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins@carlsbadca.gov
FOR CITY CLERKS USE ONLY X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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 phannaceutical controlled substances, commonly known as prescription
drugs; and
WHEREAS, the unwanted, unused, or expired prescnption 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 Gity
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 prescnption 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 Carisbad within fifteen days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carisbad 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
Carisbad on the 11*^ day of February, 2014, by the following vote, to wit;
AYES: Council members Hall, Packard, Wood and Blackburrn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIAA. BR , City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENC^L^SON, City Cleric
(Seal)