[Adopted 2-9-1999 by L.L. No. 7-1999 (Ch. 271, Art. I, of
the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The Suffolk County Department of Probation.
Any location at which a school building or structure has
been erected, either public or private in nature, and which is attended
by students assigned to any grade from kindergarten through 12th grade,
regardless of how many of such grades are actually allocated to the
building or structure in question, and regardless of whether regular,
special, vocational, occupational, handicapped, or other classes are
conducted at the building or structure in question, the school district
or private school of which has formally enacted a resolution of authorization
to participate in the program established by this article.
The following:
Any "controlled substance" listed in Schedule I, II, III, IV,
or V of § 3306 of the New York Public Health Law other than
marijuana, but including concentrated cannabis as defined in § 3302,
Subdivision 4(a), of such law;
"Marijuana," meaning "marijuana" or "concentrated cannabis,"
as those terms are defined in § 3302 of the New York Public
Health Law;
"Narcotic drug," meaning any controlled substance listed in
Schedule I(b), I(c), II(b), and II(c) other than methadone;
"Narcotic preparation," meaning any controlled substance listed
in Schedule III(d) and III(e);
"Hallucinogen," meaning any controlled substance listed in Schedule
I(d)(5), (18), (19), (20), (21) and (22);
"Hallucinogenic substance," meaning any controlled substance
listed in Schedule I(d) other than concentrated cannabis, lysergic
acid, diethylamide, or an hallucinogen;
"Stimulant," meaning any controlled substance listed in Schedules
I(f) and II(d);
"Dangerous depressant," meaning any controlled substance listed
in Schedules I(e)(2), (3), II(e), III(c)(3) and IV(c)(2), (31), (32),
(40); or
"Depressant," meaning any controlled substance listed in Schedule
IV(c), except (c)(2), (31), (32), (40);
Any loaded weapon from which a shot, readily capable of producing
death or other serious physical injury as defined by § 10.00,
Subdivision 10, of the New York Penal Law, may be discharged, or a
switchblade knife, gravity knife, pilium ballistic knife, dagger,
billy, blackjack, metal knuckles, razor blade, razor box cutter, knife,
throwing star(s), chukka sticks, stun gun, or other similar electronic
device or weapon, noxious gas or mace, pepper spray, pepper foam,
or any facsimile thereof;
Any "dangerous instrument," meaning any instrument, article
or substance, including a "vehicle" as defined in § 10.00,
Subdivision 14, of the New York Penal Law, which is readily capable
of causing death or other serious physical injury;
Any paraphernalia, including but not limited to an hypodermic
syringe or hypodermic needle, diluents, dilutants or adulterants,
including but not limited to those found in § 220.50, Subdivision
1, of the New York Penal Law, gelatin capsules, vials, capsules or
other material suitable for the packaging of individual quantities
of narcotic drugs, stimulants or marijuana, scales, or balances, rolling
papers used to manufacture marijuana cigarettes, pipes, bongs, water
pipes, glass pipes, propane or butane torches, nitrous oxide canister,
nitrous oxide delivery device, or any other paraphernalia utilized
for the purpose of unlawfully manufacturing, packaging, dispensing,
selling or using any controlled substance, narcotic drug, marijuana,
or stimulant; or
Any fireworks or explosive device, flare, flare gun or smoke
marking device, smoke bomb, any incendiary device, or any facsimile
thereof.
To have physical possession of or otherwise to exercise dominion
or control over tangible property.
Any conduct or occurrence involving the possession of nuisance
material, paraphernalia, or contraband within a Safe School Zone.
That area designated as "school grounds," according to § 220.00,
Subdivision 14, of the New York Penal Law, meaning:
In or within any building, structure, athletic playing field,
playground, or land contained within the real property boundary line
of a public or private elementary, parochial, intermediate, junior
high, vocational, or high school; or
Any area accessible to the public located within 1,000 feet
of the real property boundary line comprising any such school or any
parked automobile or other parked vehicle located within 1,000 feet
of the real property boundary line comprising such school.
For the purposes of this section, an "area accessible to the
public" shall mean sidewalks, streets, parking lots, parks, playgrounds,
stores, restaurants, vacant or abandoned properties, public easements,
utility easements, and drainage areas.
A.
The County Department of Probation shall install, on a priority basis,
"Safe School Zone" signs on all County roads which adjoin an eligible
school site.
B.
"Safe School Zone sign" shall mean a visually conspicuous board,
placard, or poster with conspicuous capital letters on a contrasting
background stating: "WARNING: INCREASED PENALTIES FOR CRIMINAL VIOLATIONS
IN THIS AREA."
A.
Upon the request of school officials, the Department is authorized
to send notice to the individual student or nonstudent and/or such
individual's parent(s) or legal guardian of such individual under
21 years of age that prohibited conduct has occurred. Any school district
or private or parochial school may formally enact a resolution of
authorization to participate in this program and may subsequently
assign personnel, manpower or other district or school resources to
the County of Suffolk on a voluntary basis without compensation for
joint action with the County of Suffolk in carrying out and enforcing
the provisions of this article. Any such joint action shall be coordinated,
supervised and controlled by the County of Suffolk.
B.
After the first notice has been sent, the school official(s) shall
inform the Department of the recurrence of prohibited conduct in the
same or other Safe School Zone.
C.
After an individual student or nonstudent is reported to have committed
a second act of prohibited conduct on information and belief, the
Department shall schedule a preliminary hearing to determine if formal
charges should be filed against an individual student or nonstudent
with regard to a violation of this article. Oaths shall be administered
at the preliminary hearing and formal testimony shall be taken or
recorded, as is customary in formal hearing proceedings.
D.
If the individual student or nonstudent fails to appear for a scheduled
preliminary hearing, a formal administrative hearing will be scheduled
with notice to the individual student or nonstudent.
E.
Administrative hearings.
(1)
A hearing held on any alleged violation or violations of the provisions
of this article shall be scheduled on a date not less than five business
days after notification, in writing, to the person involved, of such
hearing. The hearing shall be conducted by an officer or employee
designated by the Department for such purpose. The person conducting
the hearing shall make a written determination. Such determination
may be appealed to the Department which, after due deliberation, shall
issue an order accepting, modifying, or rejecting such determination.
(2)
Notice shall be served upon such person either personally or by certified
mail and shall contain a concise statement of the facts constituting
the alleged violations or violations, as well as setting forth the
date, time, and place the hearing will be held.
(3)
At the hearing conducted by the officer or employee designated by
the Department, the Department shall be authorized to recover any
penalty imposed as the result of a finding of a violation of the provisions
of this article.
(4)
The person against whom the charges are pending has the right to
be heard in his or her defense and to be represented by counsel or
have counsel appear on his or her behalf, and such person or the attorney
for such person shall have the right to call witnesses and produce
evidence on behalf of such person.
(5)
For the purposes of this article, the Department, or any officer
or employee designated by it, may administer oaths, take testimony,
subpoena witnesses, and compel the production of books, papers, records,
and documents pertinent to the subject of the investigation.
F.
If a formal administrative hearing is held and a student or nonstudent
is found to have engaged in the prohibited conduct charged, each violation
shall be punishable by a civil fine not to exceed $500 and/or 100
hours of community service.
G.
In cases involving minors alleged to have committed an act of prohibited
conduct, parents or legal guardians must be notified, as they are
liable for fines assessed against a minor.
H.
The Department shall promulgate administrative rules pursuant to
this section and procedures to effectively administer this article,
including the establishment of a schedule of administrative fees that
may be chargeable to the participating school district, agency or
individual student or nonstudent. Said fees shall be utilized to administer
the procedures outlined in this article. The Department shall actively
seek non-County funding sources, including state and federal grant
programs.
I.
J.
An advisory committee shall be established consisting of representatives
from the education community, the County Department of Probation,
the District Attorney, the County Department of Law, the Suffolk County
Youth Bureau, a youth representative(s), the County Executive, and
the County Legislature.
The County Department of Law is hereby authorized to bring and
maintain a civil action or special proceeding in the name of the County
in a court of competent jurisdiction for necessary relief, including
but not limited to the imposition of civil penalties and the recovery
of the costs of the action, including but not limited to investigative
costs, litigation expenses, and reasonable attorneys fees or for such
other remedies as may be necessary to prevent or enjoin any public
nuisance from existing in any Safe School Zone within the County of
Suffolk. These remedies may be sought singly or in combination with
each other in a court of competent jurisdiction. The enforcement of
all remedies obtained pursuant to this article shall be carried out
by the Department, the Suffolk County Police Department, the Suffolk
County Sheriff, and/or any town or village police department within
the County of Suffolk. Any school district or school which formally
enacts a resolution of authorization may assign personnel, manpower,
or other resources to the County of Suffolk on a voluntary basis,
without compensation, for joint action with the County of Suffolk
in carrying out and enforcing the provisions of this article. Any
such joint action shall be coordinated, supervised, and controlled
by the County of Suffolk.
Notification shall be made by certified United States mail to
the individual student or nonstudent and/or that individual student's
or nonstudent's parents in the event that the prohibited conduct is
alleged to have been made by a person under the age of 21 years of
age. A copy of the notification shall be sent to the administrator
of the school(s) within the Safe School Zone where the alleged prohibited
conduct occurred.
This article shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety, and welfare
of the people of the County of Suffolk.
