[HISTORY: Adopted by the Town Meeting of the Town of Madison 6-7-2021. Amendments
noted where applicable.]
A.
Whereas, the Town of Madison supports the concept of harm reduction
through hypodermic syringe exchange as a benefit to the health threat
incurred by spreading disease such as HIV and Hepatitis C through
the sharing of needles during drug use;
B.
Whereas, the regulation of needle exchange programs and disposal
sites is necessary to ensure that such programs operate in conformity
with state law, demonstrate a plan and implementation for injection
drug users to seek treatment for substance abuse, and require the
removal of syringe litter from public and private property;
C.
Whereas, the Town of Madison does not believe it is an appropriate
site for needle exchange programs, disposal sites or for medically
supervised injection sites.
D.
The purpose of this chapter is to protect the health, safety and
welfare of the public and of the use of the environment by prohibiting
needle exchange programs, needle disposal sites, and medically supervised
injection sites within the Town of Madison.
The following words shall have the meanings ascribed to them
unless the text requires or specifies a different meaning:
A building or area within a building, which is permanent
structure, having one or more floors and a roof, which is used for
the housing or enclosure of persons or property.
Medically supervised facilities designed to provide a hygienic
environment in which drug addicts are able to consume illicit recreational
drugs intravenously.
Refers to needle and syringe programs conducted through a
variety of delivery methods to include but not limited to: mobile
vans, cars, motorcycles or mopeds, and backpacked pedestrians. The
delivery of program services in any way except in a fixed facility.
A location for the collection of discarded needles or other
sharps.
A sterile needle and needle exchange program authorized by
the Maine CDC that meet the requirements established by state law
Title 22 M.R.S.A. Ch. 252-A, and 1341.
The Town of Madison, Maine.
A.
This chapter shall be enforced by the Madison Division of the Somerset
County Sheriff's Office.
B.
Except as otherwise provided by state law, anyone found guilty of
violating any provision of this chapter shall be subject to a fine
of not less than $100 nor more than $1,000 to be recovered for the
use of the Town of Madison and shall be subject to such other legal
and equitable remedies as may be available to the Town. Each day such
violation occurs shall constitute a new and separate offense.
If any section, phrase, sentence or portion of this chapter
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
