[Adopted 2-9-1999 by L.L. No. 7-1999 (Ch. 271, Art. II, of the 1985 Code)]
As used in this article, the following terms have the meanings indicated:
DEPARTMENT
The Suffolk County Department of Probation.
NUISANCE-RELATED MATERIALS, PARAPHERNALIA, or CONTRABAND
Any substance or material as defined in § 713-1 of this chapter.
PROHIBITED CONDUCT
Loitering or remaining in a Safe School Zone with one or more persons for the purpose of unlawfully using or possessing nuisance-related materials, paraphernalia, or contraband in violation of Article I of this chapter.
SAFE SCHOOL ZONE
The area in or on or within any building, structure, athletic playing field, playground, or land contained with 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.
A. 
A civil action may be commenced by the Department, or the Suffolk County Department of Law, on behalf of the County of Suffolk, against a person found to have willfully engaged in prohibited conduct as defined in § 713-7 above.
B. 
Evidence of a criminal conviction relating to the incident, or evidence relating to liability on the part of the student or nonstudent after a proceeding conducted by the Department in accordance with § 713-3 above, shall constitute prima facie proof that the defendant in the civil action has engaged in prohibited conduct and shall be a condition precedent to imposing a civil penalty under this section.
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 § 713-7 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 nuisance-related material, paraphernalia, or contraband.