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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
ADDING SECTION 9-110 TO CHAPTER 9 OF THE FRESNO
MUNICIPAL CODE, ADDING THE INFECTIOUS DISEASE
LAB ACCOUNTABILITY AND TRANSPARENCY
ORDINANCE.
WHEREAS, the City is committed to the safe operation of businesses within its municipal limits; and
WHEREAS, it has recently come to light that potentially dangerous laboratories are or have been operated in and around Fresno County; and WHEREAS, the Centers for Disease Control defines “infectious diseases” as illnesses cause by germs, such as bacteria, viruses, and fungi that enter the body , multiply, and can cause an infection; and
WHEREAS, some infectious dise ases are contagious or communicable meaning they are capable of spreading from one person to another.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. S ection 9-110 of the Fresno Municipal Code is added to read as follows:
SECTION 9- 110. – OPERATION OF CLINICAL OR MEDICAL
LABORATORIES.
(a) This Section shall be known as the Infectious Disease Lab Accountability and Transparency Ordinance.
(b) For the purpose of this ordinance, infectious diseases include
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and is not limited to the following: Tuberculosis, Polio, Chickenpox, Cholera, Rubella, HIV/AIDS, Covid -19, Anthrax, Meningitis, Influenza, Ebola, Hepatitis A, Hepatitis B, Hepatitis C, Tetanus, Giardiasis, and Malaria. (c) No person or entity shall operate an infectious disease laboratory within the City of Fresno without first obtaining all proper local, state, and federal licensing.
(d) Any person or entity intending to operate an infectious disease laboratory within the City of Fresno shall notify the Ci ty of such intent through its Planning Director by letter titled “Notice of Intent to Operate Infectious Disease Laboratory” prior to applying for any entitlement or permit to operate.
(e) Within 30 days of receiving a No tice of Intention and prior to approval of any related conditional use permit or zone clearance, t he Planning Director shall notify the City Council in writing of said notice and attach a copy of the same.
(f) No later than 15 days prior to the Planning Director approving any conditional use permit or zone clearance for an infectious disease laboratory, residents and businesses within 1,000 feet shall be notified by the City.
(g) Any person or entity willfully violating the provisions of this section shall be guilty of a misdemeanor punishable up to one year in a county jail and a $1,000.00 fine. The City Attorney is also authorized to refer
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felony violations of the law to either the Fresno County District Attorney’s Office or The California Department of Justice.
SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kristi M. Costa Date
Senior Deputy City Attorney