[HISTORY: Adopted by the Town Board of the Town of Newburgh: Art. I, 1-22-1991. Amendments noted where applicable.]
Peace and good order — See Ch. 135.
Article I Drug-Free School Zones
The Town Board of the Town of Newburgh hereby establishes a drug-free zone enforcement policy as follows: All areas within one thousand (1,000) feet of the property lines of all schools of said school districts within the boundaries of the Town of Newburgh are declared drug-free zones.
The Town of Newburgh Police Department is directed and the Orange County Sheriff's Department and the New York State Police are requested to enforce Title 21 of the United States Code, Section 845a, which provides, among other things, that a person manufacturing, selling or distributing controlled substances, including marijuana, narcotics and their derivatives, in, on or within one thousand (1,000) feet of any public or private school, college or university shall, upon conviction, be punishable by a term of imprisonment or fine up to twice that authorized under Section 841(b) of Title 21.
By reason thereof, a penalty double the mandatory ten-year-to-life imprisonment sentence and the maximum four-million-dollar fine provided for in Section 841(b) of Title 21 shall apply to individuals found guilty of manufacturing, selling or distributing certain quantities of these substances within the above-mentioned drug-free zones in the Town of Newburgh.
The law enforcement forces responsible for protecting this community are further directed and requested to enforce Article 220 of the New York State Penal Law, §§ 220.34 and 220.44, which, among other things, make the criminal sale of a controlled substance to a person less than nineteen (19) years of age in, on or within one thousand (1,000) feet of the grounds of any school a Class C felony and, when those substances are narcotics or certain minimum amounts of other drugs, a Class B felony, subject to a mandatory minimum term of imprisonment of at least two (2) to six (6) years, so as to reinforce these areas' status as drug-free zones.