[Adopted 10-6-1993 by L.L. No. 5-1993]
This article is aimed to protect the young who
are the most vulnerable victims of drugs and at the same time provide
severe punishment to those who prey on the young by selling them drugs.
Enactment of this article has been requested by the Superintendent
of the New Hartford Central School District. The New Hartford Town
Police Chief has endorsed the school's request and official map designation
as an added tool to protect the youth of this community from the exposure
to and sale of controlled substances.
The adoption of this article is made pursuant
to the Laws of the State of New York 1986, Chapter 280, enacted in
1986, a provision in the state's Criminal Law, creating a felony drug
offense for the criminal sale of a controlled substance to a person
less than 19 years of age in or on the property of an elementary or
high school or within 1,000 feet of the school's boundary lines.
Appropriate signs shall be posted at the town
limits of the Town of New Hartford to advise of the drug-free school
zones.
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This article shall take effect immediately upon
its filing in the office of the Secretary of the State of New York.
[Added 10-24-2012 by L.L.
No. 8-2012]
No person shall sell, offer for sale, give away, barter, exchange
or otherwise furnish or provide any synthetic drug in the Town of
New Hartford.
No person shall be in the possession of any synthetic drug within
the Town of New Hartford, New York, unless said synthetic drug is
expressly prescribed to said person by a physician, psychiatrist or
person otherwise duly licensed and authorized to prescribe medication
within the State of New York, and at the time of the alleged violation,
the person in possession of the synthetic drug is able to provide
written proof to the law enforcement officer(s) that the synthetic
drug was so prescribed.
Any person who violates any of the requirements of this article
or any regulation promulgated hereunder shall be subject to a fine
of not more than $250 and/or imprisonment for not more than 15 days
for each such civil offense. With regard to the sale of synthetic
drugs, each day that a violation continues shall constitute a separate
and distinct offense to which a separate fine shall apply.