[HISTORY: Adopted by the Town Board of the Town of Newburgh: Art.
I, 1-22-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 135.
[Adopted 1-22-1991]
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.
A.
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.
B.
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.
