[Adopted 4-24-1989 by L.L. No. 10-1989[1] (Ch. 270, Art. III, of the 1985 Code)]
[1]
Editor's Note: This local law also provided that it take
effect 7-1-1989 and shall apply to any activity or occurrence taking
place on or after the effective date.
A.
This Legislature hereby finds and determines that drug use and drug
trafficking within the County of Suffolk pose a serious threat to
the health, safety and well-being of residents and visitors to this
County; that the dramatic increase in street crime, robberies, burglaries
and acts of violence is directly attributable to the rise in drug
use and trafficking that has occurred over the past several years;
and that this situation imposes an enormous burden on the County in
terms of providing additional law enforcement personnel and health,
welfare and social services to those whose lives are affected by the
drug crisis.
B.
This Legislature also finds and determines that § 1352
of the New York Civil Practice Law and Rules (CPLR) contemplates the
use of alternative mechanisms for civil action against users and purveyors
of drugs.
C.
Therefore, the purpose of this article is to assess significant civil
penalties upon those who loiter in any place in order to use, possess
or traffic in illegal drugs so that a portion of the mounting cost
of fighting the present drug crisis will be borne by those who have
created and encouraged it.
As used in this article, the following terms shall have the
meanings indicated:
Any substance as defined in § 220 of the New York
Penal Law.
The Suffolk County Department of Law.
Loitering or remaining in any place with one or more persons
for the purpose of unlawfully using or possessing a controlled substance
in violation of New York Penal Law § 240.36.
A.
A civil action may be commenced by the Department, on behalf of the County of Suffolk, against a person convicted of engaging in prohibited conduct as set forth in § 420-2 above.
B.
Evidence of a criminal conviction for the crime of loitering, as
defined in New York Penal Law § 240.36, shall constitute
prima facie proof that the defendant in the civil action has engaged
in prohibited conduct.
C.
In any civil action brought pursuant to this section, the County
of Suffolk may recover the costs of the investigation and prosecution
of any criminal action involving the same prohibited conduct on which
the civil action is based.
D.
In addition to the amount set forth in Subsection C of this section, the County of Suffolk may recover from any person found liable for engaging in prohibited conduct, as defined in § 420-2 above, a civil penalty in the amount of $2,500. Such civil penalty shall be in addition to any other penalty imposed by federal or state law pertaining to the unlawful use or possession of a controlled substance.
E.
Any such civil action shall be commenced within one year subsequent
to the conviction for the loitering crime; shall be civil, remedial
and in personam in nature; and shall not be deemed to be a penalty
or criminal forfeiture for any purpose.
F.
The District Attorney's office shall cooperate by forwarding
to the Department, as soon as it is unsealed, a copy of each prosecutor's
information, which includes a count of loitering pursuant to § 240.36
of the New York Penal Law, as well as copies of any court decisions
regarding convictions based on such indictments, including rulings
of pertinent appellate courts on such convictions.
This article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this article or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Suffolk.
The County Legislature may determine, via mere resolution, whether
or not identical or substantially similar statewide legislation has
been enacted for the purposes of triggering the provisions of this
section.
