[Adopted 4-20-1989 by Ord. No. 89-17]
There is hereby established the Drug Education
Program of the Borough of Carteret. The purpose of this article is
to adopt a plan to reduce the sale, possession and use of harmful,
controlled, dangerous substances. This program shall educate persons
not only on the dangers of using illegal drugs, but also on the dangers
inherent in driving or being around dangerous machinery while lawfully
using certain prescription drugs.
As used in this article, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
The Advisory Committee, as established by § 121-9 of this article.
The Borough of Carteret.
A chemical substance or substances that can alter a person's
mental state or control over one's body. This term shall include substances
used lawfully and substances used harmfully and unlawful substances.
A.
The Borough Council shall hold public hearings on
the subject matter of this article, from time to time, not less often
than once each three months. Such public hearings may, at the option
of the Borough Council, be held at a regular or special meeting of
the Borough Council or held by the Advisory Committee or by any committee
or group designated for the purpose. Nothing in this section shall
be deemed to prohibit the amendment of this article without a public
hearing. Notices of hearings shall be sent to each civic group, neighborhood
group, parents' organization or any other group or individual known
to the Chief Health Officer to be interested in this subject and to
the news media. Failure to send public notice shall not invalidate
any meeting, any action or any provision of this article.
B.
Notice of each meeting shall also be published at
least once in a newspaper of general circulation in the Borough, at
least two days before the hearing.
There is hereby created the Advisory Committee
of drug problems and related problems. This Committee shall consist
of nine members, to be appointed by the Mayor, with the approval of
the Borough Council; members shall serve for staggered three-year
terms and may be reappointed. Members of the Committee shall serve
without pay, provided that expenses of the Committee may be paid in
accordance with established Borough policy. This Advisory Committee
shall perform such duties as are assigned to it by this article and
such additional duties as are from time to time assigned to it by
ordinance. The duties of the Advisory Committee include but are not
limited to the following:
A.
Study and make a timely report on all matters referred
to it by the Borough Council.
B.
Study the extent of the problem created by misuse
of hazardous substances in the Borough.
C.
Seek volunteers to assist with all elements of this
article.
D.
Recommend actions.
E.
Recommend changes in this article if the Committee
perceives the need for changes.
F.
Perform any other duties assigned to the Committee
by the Borough Council.
The Drug Education Program shall enlist the
assistance of the Health Officer and shall also include such employees
of the Health Department as shall be assigned to the program, volunteers
and any officers or employees of any business corporation or other
local government or nonprofit agency as may be loaned to the program.
The subject matter of the Drug Education Program
shall include but not be limited to the following subjects:
A.
Impairment of driving safety while using certain lawfully
obtained prescription drugs, with emphasis on heeding the warnings
on labels and warnings given by the person or institution administering
or prescribing the drug.
B.
Short-term dangers of using illegal drugs.
C.
Long-term dangers of using illegal drugs.
D.
Dangers of being around dangerous machinery or being
in any dangerous environment while using drugs that can cause lack
of alertness, impaired judgment, sleepiness or lack of full control
of one's body.
E.
Dangers of driving after waking up from a general
anesthetic used to extract a tooth.
F.
Alternative ways of coping with problems without using
drugs.
G.
Ways for a drug user to obtain help.
H.
Ways for families of drug users to obtain help.
The Health Officer shall actively seek cooperation
of business corporations, nonprofit agencies, other local governments
and schools. Both public and private schools shall be given the opportunity
to participate and to receive materials and programs. This cooperation
shall be sought not only for planning, but also for operating the
program.
The Health Officer shall, with the assistance
of the volunteer coordinator, actively seek volunteers to assist in
the program.
Target individuals who are expected to benefit
from the program include but are not limited to the following:
The lawful sale, possession, transportation
or use of any harmful substance anywhere in the Borough is hereby
declared to be a nuisance. The Borough Attorney is hereby authorized
to apply to a court of competent jurisdiction for an injunction to
prohibit the continuation of any violation of this article. Such application
for relief may include seeking a temporary restraining order, temporary
injunction and permanent injunction.
No person shall interfere with any Borough officer,
volunteer or other person carrying out any provision of this article.
No person shall willfully destroy any material, program, equipment,
writing or other thing prepared, acquired or donated to carry out
the purposes of this article. This section shall not be interpreted
to prohibit any person, working on behalf of the Borough, from destroying
any item no longer needed for the program. This section shall not
be interpreted as prohibiting any person from making any oral or written
statement opposing any idea or supporting any idea whatsoever.
Any person, firm or corporation violating any
provision of this article shall be fined not less than $5 nor more
than $500 for each offense. Any person violating any provision of
this article may, in addition to a fine or in lieu of imprisonment,
serve the sentence under the Borough's "Alternatives to Jail" program.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
