Drug-Free
School Zones [Adopted 11-4-1993 by L.L. No. 4-1993]
§ 47-1. Purpose.
The purpose of this article is to establish a Drug-Free
School Zone pursuant to the Laws of the State of New
York 1986, Chapter 280, enacted in 1986 (now § 220 et seq. of the Penal Law), and
authorizing the adoption and approval of a map depicting the location and
boundaries of Drug-Free School Zones within the Town of Kirkland.
§ 47-2. Statutory authority.
The adoption of this article is made pursuant to the Laws of the
State of New York 1986, Chapter 280, enacted in 1986 (now § 220 et seq. of the Penal Law), 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 of within 1,000 feet of the school's boundary lines.
§ 47-3. Official map.
A.In accordance with and pursuant to the authority
of L. 1986, c. 280, § 6, the Drug-Free School Zone Map
produced on or about October 25, 1993, by the Town of Kirkland Town Board, is hereby
approved and adopted as an official finding and record of the
location and areas within the municipality of property which is used for school
purposes and which is owned by or leased to any elementary or secondary
school or school board, and of the areas on
or within 1,000 feet of such school property.
B.The Drug-Free School Zone Map approved and adopted pursuant to §
47-1 of this article shall continue to constitute an official finding and
record as to the location and boundaries of areas on or within 1,000 feet of
property owned by or leased to any elementary or secondary school or school
board which is used for school purposes until such time, if any, that this
article shall be amended to reflect any additions or deletions with respect to
the location and boundaries of school property and Drug-Free School Zones.
C.The school board, or the chief administrative officer in the case
of any private or parochial school, is hereby directed and shall have the
continuing obligation to promptly notify the Town Board and the Town Attorney
of the Town of Kirkland of any changes or contemplated changes in the location
and boundaries of any property owned by or leased to any elementary or
secondary school or school board and which is used for school purposes.
D.The Town Clerk of the Town of Kirkland is hereby directed to
receive and to keep on file the original of the map approved and adopted
pursuant to § 47-1 of this article, and to provide at a reasonable cost a true
copy thereof to any person, agency or court which may from time to time request
such a copy, along with a certification that such copy is a true copy of the
map approved and adopted herein and kept on file. It is hereby further directed
that a true copy of such map and of this article shall be provided without cost
to the County Clerk and to this office of the Oneida County District Attorney.'
E.The following additional matters are hereby determined, declared,
recited and stated:
(1) It is understood that the map and adopted
pursuant to § 47-1 of this article was
prepared and is intended to be used as evidence in prosecutions arising under
the criminal laws of this state and that, pursuant to state law, such map shall
constitute prima facie evidence of the following:
(a) The location of elementary and secondary schools within the
municipality
(b) The boundaries of the real property which is owned by or
leased to such schools or a school board.
(c) That such school property is and continues to be used for
school purposes.
(d) The location and boundaries of areas which are on or within
1,000 feet of such school property.
(2) Except as is otherwise expressly noted on the
face of the approved and adopted map, all of the property depicted on the map
approved and adopted herein as school property was owned by or leased to a
school or school board and was being used for school purposes as of November 1,
1986, that being the effective date of L. 1986, c. 280, § 6.
§ 47-4.
Installation of signs.
Appropriate signs shall be posted at the Town limits of the Town
of Kirkland to advise of the Drug-Free School Zones.
