Town of New Hartford, NY Drugs

This article is aimed to protect the young who are the most vulnerable victims of drugs and at the same time provide severe punishment to those who prey on the young by selling them drugs. Enactment of this article has been requested by the Superintendent of the New Hartford Central School District. The New Hartford Town Police Chief has endorsed the school's request and official map designation as an added tool to protect the youth of this community from the exposure to and sale of controlled substances.

§ 57-2 Statutory authority.

The adoption of this article is made pursuant to the Laws of the State of New York 1986, Chapter 280, enacted in 1986, a provision in the state's Criminal Law, creating a felony drug offense for the criminal sale of a controlled substance to a person less than 19 years of age in or on the property of an elementary or high school or within 1,000 feet of the school's boundary lines.

§ 57-3 Official map.

In accordance with and pursuant to the authority of P.L. 1986, c. 280, § 6, the Drug-Free School Zone Map prepared by the Town of New Hartford Engineer, a copy of which is incorporated in this article and made a part hereof, is hereby approved and adopted as the official finding and record of the location and areas within the Town of New Hartford of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board and of the areas on or within 1,000 feet of such school property.[1]

(1)

The official map, originally adopted October 6, 1993, is hereby amended upon the request of the Oneida-Herkimer-Madison County BOCES to include the BOCES complex on Middlesettlement Road and the BOCES-leased Brookside Academy on Brooks Lane, Chadwicks.

[Added 10-5-1994 by L.L. No. 10-1994]

[1]

Editor's Note: A copy of the Drug-Free School Zone Map is on file and available for inspection in the Town Clerk's office.

The Drug-Free School Zone Map approved and adopted pursuant to Subsection A of this section shall constitute the official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.

The School Board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Town Engineer and the Town Attorney of the Town of New Hartford of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.

The Town Clerk of the Town of New Hartford is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection A of this section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may, from time to time, request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this article shall be provided without cost to the Oneida County Clerk and to the office of the Oneida County District Attorney.

The following additional matters are hereby determined, declared, recited and stated:

(1)

It is understood that the map adopted pursuant to Subsection A of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state and that, pursuant to state law, such map shall constitute prima facie evidence of the following:

(a)

The location of elementary and secondary schools within the Town of New Hartford.

(b)

The boundaries of the real property which is owned by or leased to such schools or a school board.

(c)

That such school property is and continues to be used for school purposes.

(d)

The location and boundaries of areas which are on or within 1,000 feet of such school property.

(2)

Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of November 1, 1986, that being the effective date of P.L. 1986, c. 280, § 6.

§ 57-4 Installation of signs.

Appropriate signs shall be posted at the town limits of the Town of New Hartford to advise of the drug-free school zones.

§ 57-5 Severability.

If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 57-6 When effective.

This article shall take effect immediately upon its filing in the office of the Secretary of the State of New York.

Article II Synthetic Drugs

[Added 10-24-2012 by L.L. No. 8-2012]

§ 57-7 Definitions.

1-Pentyl-3-(1-naphthoyl)indole; some trade or other names: JWH-018; or

1-Butyl-3-(1-naphthoyl)indole; some trade or other names: JWH-073; or

1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole; some trade or other names: JWH-200: or

5-(1.1-dimethyloctyl)-2-[1R, 3S)-3-hydroxycyclohexyl[-phenol; some trade or other names: CP-47, 497; or

5-(1.1-dimethyloctyl)-2-[1R.3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: cannabicyclohexanol; CP-47, 497 C8 homologue; or

4-methylmethcathinone (Mephedrone).

3,4-methylenedioxypyrovalerone (MDPV)

Any substance prohibited in an order for summary action in the matter of the sale and distribution of synthetic cannabinoids issued by the New York State Department of Health dated March 28, 2012 and any similar order subsequently issued by the State of New York Department of Health.

Any synthetic drug analog which shall mean a substance:

(1)

The chemical structure of which is substantially similar to the chemical structure of a synthetic drug as described above.

(2)

Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a synthetic drug as described above.

(3)

With respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a synthetic drug as described above.

§ 57-8 Prohibitions.

No person shall sell, offer for sale, give away, barter, exchange or otherwise furnish or provide any synthetic drug in the Town of New Hartford.

§ 57-9 Possession prohibited unless prescribed; proof of prescription.

No person shall be in the possession of any synthetic drug within the Town of New Hartford, New York, unless said synthetic drug is expressly prescribed to said person by a physician, psychiatrist or person otherwise duly licensed and authorized to prescribe medication within the State of New York, and at the time of the alleged violation, the person in possession of the synthetic drug is able to provide written proof to the law enforcement officer(s) that the synthetic drug was so prescribed.

§ 57-10 Penalties for offenses.

Any person who violates any of the requirements of this article or any regulation promulgated hereunder shall be subject to a fine of not more than $250 and/or imprisonment for not more than 15 days for each such civil offense. With regard to the sale of synthetic drugs, each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.