[HISTORY: Adopted by the Rockland County Legislature 9-7-1999
by L.L. No. 10-1999. Amendments noted where applicable.]
A.
The Legislature of Rockland County hereby finds that
box cutters are being commonly used by certain young people in Rockland County
on and off school premises and in a variety of public settings as a weapon
or dangerous instrumentality to threaten or harm other individuals wrongfully.
The legislature further finds that box cutters are cheap, extremely dangerous
and easily concealed, and that is the reason box cutters are becoming a weapon
of choice for certain young people in Rockland County. The Legislature further
finds that box cutters in particular are easily pilfered from open store displays.
B.
The Legislature, in its responsibility to preserve the
public safety of the young and old in Rockland County, intends by the enactment
of this chapter to discourage and regulate the sale to and the possession
of box cutters by young people in order to prevent their use as weapons. The
Legislature further intends to continue to permit under certain circumstances
lawful use of box cutters both in school and as part of employment.
A.
It shall be unlawful for any person to sell or offer
to sell or cause any person to sell or offer to sell a box cutter to any individual
under 18 years of age.
B.
No person who sells or offers for sale box cutters shall
place such box cutters on open display so that such implements are accessible
to the public without the assistance of such seller, or his or her employee
or other agent, offering such implement for sale; provided, however, that
the restrictions of this subsection shall not apply to those box cutters on
open display which are clearly and fully visible from a place of payment for
goods or services or customer information at which such seller or an employee
or other agent of such seller is usually present during hours when the public
is invited or which are in a package, box or other container provided by the
manufacturer, importer or packager that is larger than 41 square inches.
C.
It shall be unlawful for any person under 21 years of
age to possess a box cutter on school premises or in a public place; provided,
however, that nothing in this subsection shall preclude:
(1)
The temporary transfer on school premises of such an
instrument to a person under 21 years of age for a valid instructional or
school-related purpose where such device is used only under the supervision
of a school staff person or other authorized instructor; or
(2)
The possession or use of such an instrument in a public
place or on school premises by a person under 21 years of age so long as it
occurs under circumstances in which such person 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 or such employer's
agent or a school staff person.
As used in this chapter, the following terms shall have the meanings
indicated:
Any knife consisting of a razor blade, retractable, nonretractable
or detachable in segments, attached to or contained within a plastic or metal
housing, including utility knives, snap-off knives and box cart cutters.
Any natural person, corporation, partnership, firm, organization
or other legal entity.
A place to which the public or a substantial group of persons has
access and includes, but is not limited to, any street, highway, parking lot,
plaza, transportation facility, school, place of amusement, park, playground
and any hallway, lobby and other portion of an apartment house or hotel not
constituting a room or apartment designed for actual residence.
The buildings, grounds or facilities, or any portion thereof, owned,
occupied by or under the custody of control of public and private institutions
for the primary purpose of providing educational instructions to students,
and any vehicles owned, operated or leased by such institutions which are
used to transport such students or the personnel of such institutions.
When a person is found to possess a box cutter while in a public place in violation of § 219-2C of this chapter, it is an affirmative defense that:
A.
Such person is traveling to or from school premises,
where it was or will be used for a valid instructional or school related purpose
and used only under the supervision of a school staff member or other authorized
instructor, and such person has not displayed the box cutter in a menacing
or threatening manner, or in a manner that a reasonable person would believe
manifests an intent to use such box cutter for a criminal purpose; or
B.
Such person is traveling to or from his or her place
of employment, where it was or will be used during the course of such employment
and used only under the supervision of his or her employer or such employer's
agent, and such person has not displayed the box cutter in a menacing or threatening
manner, or in a manner that a reasonable person would believe manifests an
intent to use such box cutter for a criminal purpose.
