Berkeley, CA Needle Exchange Distribution Program
Status: Adopted on 3/25/03
RESOLUTION NO. 61,973-N.S.
REVIEWING AND CONTINUING THE CITY COUNCIL'S DECLARATION OF EXISTENCE OF A LOCAL EMERGENCY IN REGARD TO HIV TRANSMISSION WHICH HAS RESULTED IN THE CITY COUNCIL ORDERING THE LOCAL HEALTH OFFICER TO TAKE SUCH STEPS AS MAY BE NECESSARY TO ENABLE THE OPERATION OF NEEDLE EXCHANGE EMERGENCY DISTRIBUTION
WHEREAS, the high rate of HIV infection among injection drug users threatens to increase the number of HIV infected persons unless steps are taken to stem the spread of the disease; and
WHEREAS, the sharing of HIV-infected needles is a major route of transmission of AIDS among injection drug users, and a high rate of HIV infection among drug users causes the spread of AIDS among people who are sex partners of injection drug users; and
WHEREAS, the operation of a needle exchange program will stem the spread of HIV-infected needles; and
WHEREAS, on December 7, 1993, by Resolution No. 57,280-N.S., the Council found that a state of local emergency exists regarding the transmission of HIV through contaminated needles, and pursuant to Government Code Sections 8630 et.seq. did so declare; and
WHEREAS, pursuant to authority granted by Resolution No. 57,280-N.S. this council authorized the local health official to take such steps as may be necessary to enable the operation of Needle Exchange Emergency Distribution; and
WHEREAS, the emergency continues to exist.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it is hereby proclaimed and ordered that a local emergency continues to exist within the City of Berkeley which led to enactment of Resolution No. 57,280-N.S., and the emergency will continue until its termination is proclaimed and ordered by the City Council, and it will be reviewed every fourteen days by the Council pursuant to Government Code Section 8630; and
BE IT FURTHER RESOLVED, that during the existence of this local emergency the local health officer is authorized to take such steps as may be necessary to enable the operation of Needle Exchange Emergency Distribution.