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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, permitting the use of certain County owned property by Prevention Point Pittsburgh.
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Whereas, the Director of the Allegheny County Health Department is charged under the Local Health Administrative Law, 16 P.S. §12001, et seq., and the Disease Prevention and Control Act, 35 P.S. §521.3, with prevention and control of communicable disease within Allegheny County; and
Whereas, the Director of the Allegheny County Health Department has determined that there is a Public Health Emergency among certain groups of citizens in Allegheny County caused by the spread of hepatitis, HIV and other communicable disease by means of shared or reused hypodermic needles; and
Whereas, it has been shown elsewhere in the United States and Pennsylvania that distribution of clean hypodermic needles to certain groups of citizens will curtail or limit the spread of these diseases; and
Whereas, the distribution of clean needles under these circumstances is done with the approval of the Secretary of Health and violates no law or regulation of the Commonwealth of Pennsylvania; and
Whereas, Prevention Point Pittsburgh, a private non-profit group, is desirous of using certain Allegheny County and Allegheny County Health Department facilities to facilitate a clean needle exchange program in the hope of preventing the spread of communicable diseases; and
Whereas, the Home Rule Charter of Allegheny County, Article IV Section 2(k), requires that Allegheny County Council approve the use of Allegheny County land, buildings or facilities by others.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.
Section 2. Authorization
The County Council of Allegheny County does hereby approve the temporary and intermittent use of certain Allegheny County land, buildings and facilities controlled by Allegheny County Health Department for the distribution and storage of materials deemed necessary as approved by the Director of the Allegheny County Health Department to Prevention Point Pittsburgh for the needle exchange program in order to control certain communicable diseases. The Director of the Allegheny County Health Department is hereby authorized to give his approval and execute any documents necessary to carry out this purpose.
Section 3. Sunset.
The approval granted in Section 2 of this Ordinance shall remain valid through May 31, 2007.
Section 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance, which shall be in full force and effect.
Section 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Resolution.