Mayor says new ordinance will address concerns over needles in parks, streets
Sep. 29—An ordinance amendment proposed by Mayor Jay Ruais to address concerns over needle exchange programs and improper disposal of syringes on city streets and in parks will go before Manchester aldermen Oct. 1.
Members of the aldermanic Committee on Public Safety, Health, & Traffic are scheduled to discuss the syringe service programs (SSP) ordinance when they meet Tuesday at 6 p.m. at City Hall.
The ordinance is designed to "address public health concerns related to injection drug use and the improper disposal of syringes in our community," according to a memo from Ruais to aldermen requesting the amendment.
"This ordinance is a vital step in addressing the challenges of injection drug use within our city, promoting public health, and ensuring safe, regulated operations of SSPs," wrote Ruais. "I encourage your support in passing this ordinance to safeguard the health and safety of our community."
The ordinance is expected to be sent to the full board for a vote Tuesday night. Ruais has asked aldermen to suspend their rules so the ordinance can take effect immediately. Such a move requires 10 votes.
Legislation passed in June 2017 allows syringe service programs to operate in New Hampshire and decriminalizes used syringes containing residual amounts of controlled substances.
Two syringe service programs currently registered with the state's Department of Health and Human Services operating in Manchester are: Merrimack Valley Assistance Program (MVAP) and Queen City Exchange (QCE).
A third Manchester-area agency (Another Day Harm Reduction) was registered but discontinued operations in September 2023.
Ruais wrote that while syringe service programs are authorized to operate in New Hampshire under RSA 318-B:43, "the legislation lacks parameters as to how they must operate within local communities.
"A local community cannot prohibit the operations of these programs — their only requirement is to register with NH DHHS annually and supply quarterly reports on program activities," Ruais wrote. "The purpose of this new ordinance is to establish clearly defined expectations for programs that operate in the city of Manchester."
The proposed ordinance includes:
—Facility Requirements and Location Restrictions: SSPs will primarily operate from a fixed facility approved by city health officials. Mobile or pop-up SSPs must also receive approval before operating on public property. No SSPs would be allowed within 1000 feet of schools, churches, libraries, day care centers, parks, or playgrounds to protect sensitive community areas.
—Security and Disposal Measures: The ordinance spells out security protocols for SSP facilities, including secure storage and disposal of needles. Facilities must have ADA access, adequate lighting, and emergency exits, and are prohibited from functioning as "safe injection sites."
—Operational Guidelines: SSPs must comply with a one-to-one needle exchange model, ensuring participants return used needles in exchange for new ones. The ordinance mandates SSPs educational materials on disease prevention and substance abuse treatment
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—Data and Reporting Requirements: SSPs would be required to report quarterly to the Manchester health department, providing statistics on syringe distribution, disposal, HIV/HCV testing, and referrals to treatment programs. Personal identifying information of participants would be protected.
—Enforcement and Penalties: Violations of the ordinance will result in fines ranging from $100 to $1,000. Each day an SSP remains in violation of the ordinance would constitute a separate offense.
Ruais said the one-to-one needle exchange requirement in the proposed ordinance should reduce the amount of discarded needles around the city.
"I think we'll see an immediate impact," Ruais said.
Manchester is on track to have 23% fewer suspected opioid overdoses this year than last year and 25% fewer deaths, according to data shared by American Medical Response (AMR). The Queen City, along with Nashua, is on track to record the lowest number of overdoses in a year since the COVID pandemic, data shows.
In 2020, Manchester officials asked the state to hold off disbursing $770,000 in funding for the New Hampshire Harm Reduction Coalition to provide syringe service programs in Manchester, after the Executive Council approved the money for syringe programs in Nashua, Keene, Concord, the Seacoast region and the Queen City.
Manchester Health Director Anna Thomas repeatedly conveyed to aldermen the city's concerns with the funding at the time, including a lack of collaboration by the local program with city officials, little to no education on available services, and improper collection and disposal of syringes.
