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Suffolk County, NY
 
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Table of Contents
Table of Contents
[Adopted 6-2-1998 by L.L. No. 9-1998 (Ch. 419, Art. II, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that it has become necessary to promote the health and welfare of Suffolk County residents and protect the safety of its young people and their school environment.
B. 
This Legislature further finds that although box cutters are valuable tools if used as intended, they can become weapons in the hands of those young people who act outside the law.
C. 
This Legislature also determines that the very features that make box cutters practical tools can also make them extremely dangerous when misused and, moreover, their small size and packaging can make them prone to shoplifting when offered for sale in an open display.
D. 
This Legislature also finds that Article I of this chapter was adopted to prohibit individuals from carrying any weapons or dangerous instruments into buildings owned, leased and/or operated by the County.
E. 
Therefore, the purpose of this article is to build upon the protections afforded by Article I of this chapter by:
(1) 
Regulating the display of box cutters for sale;
(2) 
Prohibiting the sale or transfer of box cutters to individuals under 18 years of age; and
(3) 
Prohibiting the possession of box cutters on school grounds by individuals under 21 years of age.
As used in this article, the following terms shall have the meanings indicated:
BOX CUTTER
Any knife consisting of a razor blade, either retractable or nonretractable, or detachable in segments, attached to or contained within a plastic or metal housing, including but not limited to utility knives, snap-off knives, sheetrock knives and box-cart cutters.
PERSON
Any individual, natural person, partnership, joint venture, society, association, club, corporation, unincorporated group of any members, officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law, or any other entity or business organization of any kind.
SCHOOL PREMISES
That area designated as "school grounds," according to § 220.00, Subdivision 14, of the New York Penal Law, meaning the area 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. The terms shall also include any vehicles used for the transportation of students or personnel of the institutions which are owned, operated or leased by such educational institutions or owned, operated or leased by a person contracted to provide transportation of students of such educational institutions.
A. 
It shall be unlawful for any person to sell, offer to sell, give and/or provide, or cause another person to sell, offer to sell, give and/or provide a box cutter to any individual who has not yet attained the age of 18 years.
B. 
Nothing in this section shall preclude an employer from temporarily providing a minor employee with a box cutter, so long as the instrument is used during the minor's course of employment and such instrument is used only under the supervision of the employer or said employee's agent.
Any person who sells or offers box cutters for sale shall place such box cutters on display only if such items are:
A. 
Contained within a sealed and locked case;
B. 
Located behind the service counter with access limited to the seller or his or her agents or employees; or
C. 
Stored in any other manner which restricts access to box cutters by customers and/or the general public.
A. 
It shall be unlawful for any individual who has not yet attained the age of 21 years to possess a box cutter while on school premises.
B. 
Nothing in this section shall preclude the temporary transfer to and/or use by an individual who has not yet attained 21 years of age of a box cutter on school premises for a valid school-related purpose, where such instrument is used only under the supervision of a school staff person.
C. 
Nothing in this section shall preclude the possession and/or use of a box cutter on school premises by an individual who has not yet attained 21 years of age, so long as such individual is performing work on such premises during the course of his or her employment, and such instrument is used only under the supervision of his or her employer, said employee's agent or a school staff person.
Any person who willfully violates any provision of this article shall, for the first offense, be guilty of a violation punishable by a fine of not more than $250. A second or subsequent offense shall be a Class B misdemeanor punishable by a fine of not more than $500 or three months' imprisonment, or both.
This article shall apply to any actions occurring on or after the effective date of this article.