[HISTORY: Adopted by the Orangetown Town Board 9-29-2009 by L.L. No. 7-2009. Amendments noted where applicable.]
The Town Board recognizes the proliferation of the illicit use of drugs, narcotics and controlled substances in our society as one of the most threatening and dangerous problems facing our youth. The Town Board has supported programs which educate our young people about the dangers of the illicit use of drugs, narcotics and controlled substances and supports those programs which prevent these problems before they begin.
Drug-free zones create an atmosphere and attitude against the use of drugs and gives the moral support to those young people who wish to resist the use of illegal narcotics. Drug-free school zones use deterrence to prevent exploitation of children by drug traffickers and to reduce children's exposure to illegal drug activity. These zones are intended to create safe havens in which young people can develop skills to resist the temptations of drug use and learn positive, productive values.
The President of the Board of Education of the Pearl River Union Free School District and the President of the Board of Education of the South Orangetown Central School District have requested that the Town Board of the Town of Orangetown adopt legislation declaring a drug-free zone around the public high schools and middle schools in those districts in the Town of Orangetown and the adoption of Official Maps which detail the scope of this zone around the respective existing schools in the Town of Orangetown. This request and Official Map designation will offer an additional tool to protect the youth of this community from the exposure to and the sale of controlled substances.
The Town Board acknowledges that Title 21 of the U.S. Code, § 860, provides for increased penalties for those persons who manufacture, sell or distribute narcotics, controlled substances and marijuana within 1,000 feet of a public or private elementary school location or secondary school or public or private college, junior college or university or within 100 feet of a playground, public or private youth center, public swimming pool or video arcade facility.
The Town Board also acknowledges that New York State Penal Code § 220 provides for stronger criminal penalties for drug offenses that occur within a radius of 1,000 feet of the school property. Under the State Penal Law it is a felony to sell drugs in any school building or structure, athletic playing field, playground or land contained within a drug-free school zone or in any area accessible to the public or any parked vehicle located within such zone (Penal Law §§ 220.00, 220.34, 220.44).
Therefore, the Town Board of the Town of Orangetown hereby expresses its support for the implementation of a drug-free zone program by authorizing the installation and maintenance of signs within the drug-free school zones that are delineated herein.
The drug-free school zone will include those portions of those properties and roadways which lie within this zone.
Maps are hereby approved and adopted as an official finding and record of the location and boundaries of the areas within the Town of Orangetown to be included in the drug-free school zone.
The School Board is hereby directed and shall have the continuing obligation to promptly notify the Director of the Office of Building, Zoning and Planning and the Town Attorney of any changes or contemplated changes in the location and real property boundaries of the Pearl River High School and Tappan Zee High School.
The Town Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 10B-3 of this chapter 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 and the date thereof.
It is hereby further directed that a true copy of such map and of this chapter shall be provided without cost to the Rockland County Clerk and the Rockland County District Attorney's Office.
The signs shall contain the words "DRUG-FREE ZONE" and be placed within 1,000 feet of the following locations in the Pearl River Union Free School District and the South Orangetown Central School District:
Pearl River School District.
East Central Avenue, adjacent to the Masonic Temple;
East Central Avenue, west of Oriole Street, near the fence of the Pearl River High School with gate to the football fields;
Mountainview Avenue, north of Orangeburg Road;
Holt Drive, near No. 240 Holt Drive;
Holt Drive, near No. 319 Holt Drive.
The Town of Orangetown Highway Department shall install and maintain said signs as required under the provisions of this chapter pursuant to New York State Highway Law § 317.
Any signs authorized by this chapter to be installed shall be erected and maintained pursuant to the pertinent requirements of the Vehicle and Traffic Law of the State of New York, the regulations promulgated thereunder and any other statutes and regulations of the State of New York prescribing conditions for the installation of signs along public highways.
A copy of this chapter shall be furnished to the Town of Orangetown Police Department, the Rockland County Sheriff's Department and the New York State Police.
If any article, section, subsection, paragraph, phrase or sentence of this chapter is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, said article, section, subsection, paragraph, phrase or sentence shall be deemed separable and shall not affect the validity of the remaining portions hereof.
This chapter shall take effect immediately upon publishing, posting and upon filing a copy with the Secretary of State as required by law.