HomeMy WebLinkAbout5.3 DUSD Request Drug Free Zones CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 28, 1991
SUBJECT Request from the Dublin Unified School
District to establish DRUG FREE SCHOOL
and DRUG FREE PARK ZONES (Prepared by
James W. Rose, Captain)
EXHIBITS ATTACHED (1) Letter and Proposal from the Dublin
Unified School District dated
April 30, 1991
(2) Assembly Bill 2645
(3) Draft Resolution
RECOMMENDATION Consider Proposal
FINANCIAL STATEMENT Estimated Cost To Purchase and Install
35 signs = $4 ,500.00. A budget transfer
from the Contingent Reserve to a new
Capital Project Account would be
required.
DESCRIPTION The Dublin Unified School District has
requested by written proposal that all public and private schools
and all parks within the City of Dublin be declared by Resolution
of the City Council "Drug Free Zones" . Principals of all public
and private schools within the City of Dublin have been contacted
by Staff or representatives of the Dublin Unified School District
and have expressed support for the program, adding that they do
not have the financial resources to initiate the program.
The Federal Government, under statutes 845 and 845(A) of the
United States Code, has established specific laws pertaining to
the use, sales, manufacturing and/or storage of controlled
substances. These statutes require posting "DRUG FREE ZONE"
signs around the perimeter of specified sites before the sections
can be enforced. The United States Code statutes are restrictive
as they require large amounts of a controlled substance be
involved before the statute(s) can be enacted.
Under the provisions of the California "JUVENILE DRUG FREE ZONE
ACT OF 1990" (Assembly Bill 2645, signed into law September 30,
1990) , persons convicted of specific controlled substances
violations within 1 ,000 feet of public or private schools,
playgrounds or other specified facilities are subject to enhanced
penalties when sentenced. Depending on the location of the
offense (public or private school grounds, playground, etc. ) , the
nature of the offense and/or the age differential between the
suspect and the victim, the amended sections of the California
Health and Safety Code and California Welfare and Institutions
Code mandate additional state prison time in addition to the
regular sentencing when the offenses occur within 1,000 feet of
the specified facilities. The California law, from an
enforcement objective, is more practically geared to combating
the use and possession of controlled substances on or near
schools or parks. The California laws do not require posting of
signs or the enactment of a local resolution for their
implementation or enforcement.
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COPIES TO:
ITEM NO. ,,,� LL
William Kleeman, the chief Deputy District Attorney for the
Livermore-Pleasanton-Dublin Municipal Court, has assured Staff
that his office would charge eligible cases that occur in the
City of Dublin with the appropriate enhancements as stipulated by
law.
The proposal , as originally submitted by the Dublin Unified
School District, requests the Dublin City Council to authorize
the following:
1. Pass a resolution in support of California and Federal laws
declaring schools and parks as "Drug Free Zones" and
formally request prosecution of offenders by the Alameda
County District Attorney and the United States Attorney.
2 . Install 21 "Drug Free School Zone" and 14 "Drug Free
Playground Zone" signs at suggested locations (contained
in the Dublin Unified School District letter and proposal
attached as exhibits) . These signs to be purchased,
installed and maintained by the City of Dublin.
Suggested sign locations are as follows:
SCHOOLS (public) NUMBER OF SIGNS
Nielsen School 2
Murray School 3
Frederiksen School 3
Wells School/Valley High School 3
Dublin High School 6
SCHOOLS (private)
Valley Christian School 3
Valley Christian High School 1
St. Raymond's School (covered by Shannon Park) 0
TOTAL NUMBER OF SIGNS FOR ALL SCHOOLS 21
PARKS
Dublin Sports Grounds 3
Shannon Park 2
Mape Park 1
Donlan Park 3
Kolb Park 1
Stagecoach Park 1
Alamo Creek Park 3
TOTAL NUMBER OF SIGNS FOR ALL PARKS 14
TOTAL REQUIRED 35
The current price for installation of signs is $100 .00 per unit.
This includes labor, steel pole and mounting hardware. The
installation of the poles would be $3 ,500.00 exclusive of the
cost of the signs. Staff has found that the cost of purchasing
the necessary signs would not exceed $1 ,000.00.
The purpose of posting the signs is to provide a visible
deterrent at schools and parks and to acquaint potential
offenders with the additional penalties that may be incurred.
The resolution would be a statement by the Dublin City Council
that narcotics violations will not be tolerated in or about
Dublin's parks and schools. From an enforcement standpoint the
value of the signs is unknown at this point as the California
laws are already in effect and do not require posting of areas
specifically targeted.
,Dublin High School �ames M Hansen
e j ��� Ptmcipal
GA«s ..Home of the*Gaels
F ..
Basacker
� .`
8151 Village'Parkway Assistant Principal /
..
Dublin, California 94568-1699
Maureen Barreiro
- :,:(415) 833-3300
h ao� Assistant Principal
ACM _
April 30, 1991 ,
i
r.
The Honorable Pete Snyder, �Mayor of .Dublin,"" and .Council Members: .
Last school year, as the Dublin;:_High ,_School Student Support
Coordinator, I saw a need for .the establishment of Drug Free .Zones
for our city's schools. This need was brought about' because of two
basic reasons:
--- drugs in our society moving into our student population
--- the enacting of Drug Free Zones `'' in surrounding
communities that could lead to increased drug activities in
our schools.
The effort that was started at that time has progressed through
various groups, committees, and organizations - starting with the
student leadership class of Dublin High School, Wells Middle School
Student Council, Dublin Unified School Board of Education, and the
Dublin Substance Abuse Council to list just a few. The responses
from these various groups have been positive and supportive. The
Soroptimist organization of Dublin has gone even further and
donated a drug free banner.
Sergeant Dave DeFranco of the Dublin Police Department, Mary Mara
of the Dublin Unified School District and I have now put this
project together for presentation to -you, . the City Council. As
with all projects it costs money, but_the proven gains in reduced
drug trafficking, drug usage at the school sites, public relations
to the community and the added security to our school age children
are well worth the small investment for which I am asking.
Your enactment of an ordinance for Drug Free Zones for the Dublin
City Schools, your financing of such an ordinance and your
installation of the signs to mark these zones would be the
culmination of a city-wide effort in assistance.
Thomas Mullican, Student Support Coordinator
Dublin High School
8151 Village Parkway
Dublin, California 94568
since,rely,
Thomas Mullican
-DUBLI-N --:SCH, O,_J.. -4zL
DUBLIN UWFIED SCHOOL , D. IS4 RICT
Introduction
The Dublin Police Department has in place'established.policies-and
procedures for the apprehension of .-violatorsy.of :'.the California
Health and Safety Code .,(which ' includes °drug'related :offenses)
Within the California Penal Code,however; here are no guidelines
or measures for enhancing penalties associated with the selling'.of
drugs within 1000 feet of schools or at parks. ,-:Such :a :penalty
provision is a component of Title 21 of the United States -Code and
can be enforced by . Federal courts, through the . United States
Attorney General's office. ' Additional enhancements- are available
in the California Health and Safety Code and are prosecuted by the
Alameda County District Attorney's office (see attached code
sections) .
one way to send a' clear .message to potential drug dealers is to
adopt a resolution establishing the desired Drug Free Zones and to
post signs to that effect.
Objective
To provide Drug Free School Zones and Drug Free Zones within 1000
feet of Dublin's elementary and secondary schools as well as�parks
and sports grounds.
To accomplish this objective, a city is .requested to do the
following:
1. Adopt a formal resolution passed by the mayor and city
council establishing. Drug Free School Zones and Drug Free
Zones.
2 . Post Drug Free School Zone and Drug Free Zone signs
within 1000 feet of elementary and secondary schools as
well as parks and sports grounds.
\1
. z
r
1
Budget Consideration/Financial Impact '
Facts Sheet:
Proposed number of signs:
"Nielsen School 2
Murray School ; ;. .•.3
Frederiksen 'School 3
Wells, .Valley 3
.. Dublin High School 6
17
Sports Grounds 3
Shannon Park 2
Ma P a Park 1
Dolan Park 3
Kolb Park 1
Stagecoach Park
Alamo Creek Park 3
14
Private Schools:
Valley Christian . . 3
Valley Christian HS 1
St. Raymond's 0 (covered •by Shannon Park -
signs)
4
Grand Total: 35 signs plus poles
1
i k
i 1
l Y •.
Sign source: The Sign "Center, ° 3436 RayJStreet, °San Diego,
(619) 298-1102 '= `.:
Estimated cost: ' 35 signs (18 x ;24 "aluminum)
, `
. $620. 27 incl. tax
Alternate sign provider:
East Bay Sign Co. , .;San `Pablo Ave.; Berkeley,. = h
w (4 5)
1 845-31 28
Estimated cost ;:35 signs at $22.90 ..+each _$861:61 �incl. tax "
Wording of the signs is important ,The `following wording was``used
by Oakland public schools and has been reviewed by the ,Alameda
County District Attorney's office -and .the presiding judge of the
Alameda County Superior .Court:
WARNING!
Drug Free School Zone
You have entered a Drug Free School •Zone.-;-----';
"Criminal penalties are severely-increased '-.
for the sale, possession for sale,:-: .:
processing and transportation of drugs." '
11353 .6 H.S.C.
Estimated cost for post, hardware, and labor to install:
$100 each
Estimated total for 35 signs: $4,120.27 or $4,361.61 (depending
. on provider)
Conclusion
It is requested that the Dublin City Council adopt a resolution
establishing Drug Free School Zones and Drug Free Zones within 1000
feet of all elementary and secondary schools, parks, and sports
grounds. It is also further requested that the City Council ask
the United States Attorney General's office and Alameda County
District Attorney's office to prosecute drug offenders who violate
the state and federal guidelines.
ASSEMBLY BILL 2645
(Assemblymember. Epple)
JUVENILE DRUG FREE ZONE ACT OF 1990
Signed by the Governor September 30, 1990
All 2615 — 2 — -- 3 — All 2695
with rested to a person who clig, cs in certain
CllAl'"1'L:l1 additional controlled substance offenses involving
Phencyclidine (1'(;P), niethamphetamine, or any analog
An act to .tmenclScclions 11353, 11353.1, 11353.5, 11364, ol' these substances, under the same conditions and
and 11380 of, to add Section 11380.1 to, and to repeal
Section 11380.5 of, the Health and Safety Code and to circumstances.
oc
The bill would, for purposes of these enhancement
amend Section 729.8 of the Welfare and Institutions provisions and for related provisions affected by the bill,
Code, relating to controlled substances. provide definitions for the following terms:
"playground," "youth center," "video arcade," "video
t.ice:isi.n�nvr•. couNSr•.r.•s nici�a�r garlic machine," and--within 1,000 feet of the grounds of
A13 2645, 1?pple. Controlled substance offenses. any public or private elementary, vocational,junior high,
(1) Existing law makes it a felony, punishable by or high school."
imprisonment in the state prison for 3, 5, or 7 years, for (3) I"xisting law makes it a felony, punishable by
a person 18 years of age or older to engage in specified imprisonment in the slate prison for 5, 7, or 9 years, for
unlawful acts involving a minor with respect to specified any person to unlawfully prepare for sale upon SCI-1001
controlled substances. , grounds or a public playground, or sell or give away a
'Phis bill would increase the term of imprisonment to 3, controlled substance to a minor under the age of 18 years,
6, or 9 years in the state prison for this offense, as recast. upon the grounds of, or within, any school providing
(2) Existing law provides for an additional term of instruction in kindergarten, or any grades 1 to 12
iinprisonnienl of 1, 2, or 3 years, at the court's discretion, inclusive, cluring hours in which the school is open for
for any person 18 years of age or over who is convicted classes or school-related programs, or upon the grounds
of violating the provisions in (1) where the defendant is of a public playground (hiring the hours in which
at least 4 years older than the minor. school-related programs for minors are being conducted
'Phis bill would recast this provision to provide, provided that the application of these provisions is
additionally, at the court's discretion, for any person 18 limited to persons at least 5 years older than the minor to
years of age or over who is convicted of the described whom lie or she prepares for sale, sells, or gives away a
offense involving heroin, cocaine, cocaine base, or any controlled substance.
analog of these substances, a one-year prison This bill would make the above described felony
cnh,rncenicnt, where the offense occurred upon the punishable, instead, by imprisonment in the stale prison
grounds of, or within, a church or synagogue., playground, for 3, 6; or 9 years.
public or private youth center, or .1 public swirmning 'Phis bill would also expand application of these
pool, under specified conditions and Circumstances, or .1 restrictions to chtn-cltes or synagogues alld would clarify
2-year prison enhancement where the offense occurred application of' the, same to these activities occurring upon
upon, or within 1,000 feat of', the grounds of any public or the grounds of, or- within, a public playground. "I'o the
private clentcntary, vocational, junior high, or high extent that the bill would change the definition and
school, under spcc•ified conditions and circurtrslanccs• expand the scope of an existing crime, it would impose a
The hill would c•ontinuc the 1-, 2-, or 3-year enhancement state-ruanclalccl local program.
as to persons coat ictc•cl of violating the above-describc d The bill would, however, provide that these
provision where the cicfr!n(lant is at least 4 ),cars older re�stric:tiom do not .tpply to controlled substances
than lhc� minor. described ill otltcr provisions.
I'hc� bill wonlcl .ulcl the same enh.utccntc nt scheme' as (4) I-:xisting law in.tkcs it a felony, punishable by
All 26.15 — 4 -- - — 5 — A l l 2615
imprisonment in the state prison for 3, 5, or 7 years, fur eslablish procedures for making that reilnburselnent.
a person 18 years of* age or older to engage in specified This hill would provide that for certain costs no
acts involving t minor with respect to specified rcinlburSOMCIlt is required by this act for a specified
controlled-substances. reasol1•
This bi11"woulcf increase the term of imprisonment for However, this bill would provide that, if the
these offenses, as revised and consolidated, to 3. 6, or 9 Commission on State Mandates determines that this bill
years in the state prison. contains costs mandated by the state, reimbursement for
(5) I'xisting law provides that if a minor is found to be those costs shall be made pursuant to those statutory
a person uncles the jurisdiction of the juvenile court by procedures and, if the statewide cost does not exceed
reason of unlawfully possessing; controlled substances $1,000,000, Shall be made f'roln the State Mandates Claims
upon school grounds during school hours, the court shall Fund.
generally require, as a condition of probation, that the the People of(he State of California do enact as follows:
person perf'ornl no less than 40 hours of community !
service.
This bill would include additional controlled SECTION 1. 'Phis act shall be known and may be
Substances offenses and include offenses involving; any cited as the Juvenile Drug free Zone Act of 1990.
defined imitation controlled substance,-defined toluene SEC. 1.5. Section 11353 of the Health and Safety Code
of*toxic, or defined dangerous drug within the.scope of its is amended to read:
provisions. This bill would also extend the above 11353. l'very person 18 years of age or over, (a) who
provisions to apply to unlawfully possessing controlled in any voluntary manner solicits, induces, encourages, or
substances upon the grounds of any playground, public or' intimidates any minor with the intent that the minor shall
private youth center, public sWUt1111ing pool,'-IS specified, violate ally provision of this chapter or Section 11550 with
rather than only upon school' grounds and when the respect to either (1) a controlled substance which is
described facilities are additionally open for business or specified in subdivision (b), (c), or (e) , or paragraph (1)
at any tittle when minors are using the facility rather than ofsubdivision (f) of Section 11054, specil'ied in paragraph
only during hours in which the school is open for classes (14) , (15), or (20) of subdivision (d) of Section 11054, or
or school-related activities. This bill would also increase specified in subdivision (b), (c), or (g) of Section 11055,
the nlininluln hours ol'conlnlunity service, as defined by or (2) ;nly controlled substance classified in Schedule Ill,
the bill, from 40 to not more than 100 hours, thereby IV, or V which is a narcotic drug, (b) who hires, employs,
imposing a state-I11; ndated local prograin by expalldlllg; Or uses a minor to unlawfully transport, carry, sell, give
OIL' scope of supervision imposed on local governln0llt. away, prepare, for sale, or peddle any such controlled
(6) Existing; law prohibits the possession of an opium subStIII(V, or (c) who unlawfully sells, furnishes,
pipe or other Spe.eil'i('d chug paraphernali;t used for adininisters, gives, or olTers to sell, furnish, administer, or
injecting; or smoking; specil'ied controlled substances. give, any Such controlled substance to a minor, shall be
'Phis bill would also prohibit the possession of specil'ied purliSllecl by imprisonment in the state prison for a period
drug; paraphernalia used for injecting or smoking of, three•, six, or nine years.
Iueth;unphel;unine, thereby imposing; a st;►le-man dated SI-:( :. 2. Section 11353.1 of the Ilealth .1lid Safety Code
-local program by rrc•ating; it new crime.. is ;Il mock (I to road;
(7) Tlly California Constitution recltlires the state to 1135:3.1. (:I) Notwithstanding; ;Illy, other provision of
reilnbmse local agencies and school districts for cerl:lill lacy, ;1111' person 18 dears of age or over who is convicted
costs Inallclated by the .state. Statutory provisions ol* a violation of' Sect-ion 11353, in addition to the
A 11 26,15 —6 — — 7 — A 11 261
punisllrllent imposed for that conviction, shall receive an ;111d sl:ltCs on the record its reasons for striking the
additional punishrllent as follows: additional purlishnlent.
(1) if the offense involved heroin, cocaine, cocaine (e) As used in this section, the follo«,irlg definitions
base, or any analog of these substances and occurred shall apply:
upon the grounds of, or within, a church or synagogue, a (1) "Playground" means any park or recreational area
playground, a public or,private youth center, or a public specifically designed to be used by children which has
swimming pool,during hours in which the facility is open. play ecluiprllent installed, including public grounds
for business, classes, or school-related programs, or at any designed for athletic activities, such as baseball, football,
time when minors are using the facility, the defendant soccer, or basketball, or any similar facility located on
shall, as a full and separately served enhancement to 1lily public or private school grounds, or on city, county, or
other enhancement provided in paragraph (3) of this state parks.
subdivision, be punished by imprisonment in the state (2) "Youth center" means any public or private
prison for one year. facility that is primarily used to host recreational or social
(2) If the offense involved heroin, cocaine, cocaine '—activities for minors, including, but not limited to, private
base, or any analog of these substances and occurred youth membership organizations or clubs, social service
upon, or within 1,0(10 feet of, the grounds of any public or teenage Club facilities, video arcades, or similar
private. elementary, vocational, junior high, or high amusement pork facilities.
school, during hours that the school is open for classes or (3) "Video arcade" means any premises where 10 or
school-related programs, or at any time minors are using more video game machines or devices are operated, and
the facility, the defendant shall, as a full and separately where minors are legally permitted to conduct business.
served enhancement to any other enhancement' (4) "Video game machine" means any mechanical
provided in paragraph (3), be punished by imprisonment amusement device, which is characterized by the use of
in the state prison for two years. a cathode ray tube display and which, upon the insertion
(3) if the offense involved a minor who is at least four of a coin, slug, or token in any slot or receptacle attached
years younger than the defendant, the defendant shall, as to, or connected to, the machine, may be operated for use
a full and separately served enhancement to any other as a game, contest, or amusement.
enhancement provided in this subdivision, be punished (5) "Within 1,000 feet of the grounds of any public or
by imprisonment in the state prison for one, two, or three private elementary, vocational, junior high, or high
years, at the discretion of the court. school" means arty I.)ubliC area or business establishment
(b) The additional punishment provided in this where minors are legally permitted to conduct business
section shall not be unposed unless the allegation is which is located within 1,000 feet of cilly public or private
charged in the accusatory pleading and admitted by the elenlCntary, vocational, junior high, or high school.
defendant or found to be true by the trier of fact. SEX". 3. Section 11353.5 of the I lealth and Safety Code
(C) The additional punishment provided in this is amended to react:
section shall be in addition to any other punishmCllt 11353.5. Except as authorized by law, any person 18
provided by law and shall not be limited by any other Y("11's of 1190 or older who unlawfully prepares for sale
provision of 1mv. upon school grounds, a public playground, a church, or a
-(d) Notwithstanding any other provision of law, the syil.lgoguV, or sells or gives away a controlled substance,
court may strike the additional pU111S11111e11t proviclecl for other than ;1 controlled substance described in Section
in this section i1' it cluterrllinCs that there are 11353 or I ITit), to a ininor Upon the grounds of, or within,
cirerlluslanc-cs in mitigation of the aciclitio11;11 puuishrllc 111 .111y sc.'hcicll, public playground, church, or synagogue
A l l 2N,15 — fl — — `1 — A l l 26,15
providing instruction in kindergarten, or ;m), cif grades 1 (b) Nothing in this section applies to a registered
through 12, inclusive, during hours in which those pharmacist furnishing controlled substances pursuant to
facilities ire open for classes or school-related programs, a prescription.
or upon the grounds of it public playground during the S1 C. 6. Section 11380.1 is added to the Health and
hours in which school-related programs for minors are Safety Code, to read:
being conducted, shall be punished by imprisonment in 11380.1. (a) Notwithstanding any other provision of
the slate prison for three, six, or-nine years. Application law, any person 18 years of age or over who is convicted
of this section shall be limited to persons at least five years of a violal ion of Section 1138U, in addition to the
older than the minor to whom he or she prepares for sale, I',unishment irrrposed for that conviction, shall receive an
sells, or gives awav a controlled substance. additional punishrnertt as follows:
SEC. 4. Section 11364 of the health and Safety Code (1) If the offense involved phencyclidine (PCP),
is amended to read: rnethamphetamine, or any analog of these substances and
11364. It_is unlawful to possess in opium pipe or any occured upon the grounds of or within a church or
device, contrivance, instrument, or paraphernalia used synagogue, a playground, a public or private youth
for unlawfully injecting or smoking (1) a controlled center, or a public swimming pool, during hours in which
substance. specified in subdivision (b), (c), or (e), or the facility is open for business, classes, or school-related
paragraph (1) of subdivision (f) of' Section 11054, programs, or at any time when minors are using the
specified in paragraph (14), (15), or (20) of subdivision facility, the defendant shall, as a full and separately
(d) o1' Section 11054, specified in subdivision (b) or (c) served enhancement to any other enhancement
of Section 11055, or specified in paragraph (2) of provided in paragraph (3) of this subdivision, be
subdivision (d) of Section 11055, or (2) a controlled punished by imprisonment in the state prison for one
substance which is a narcotic drug classified in Schedule year.
Ill, IV, or V. (2) If the offense involved phencyclidine (PCP),
SE'C. 5. Section 11380 of the Health and Safety Code rn,etharnphetarnine, or any analog of these substances and
is amended to read: occurred upon, or within 1,000 feet of, the grounds of any
11380. (a) Every person 18 years of age or over who public or private elementary, vocational, junior high
violates any provision of this chapter involving controlled school, or high school, during hours that the school is
substances which are (1) classified iii Schedule 111, IV, or open for classes or school-related programs, or at any
V and which are not. narcotic drugs or (2) specified in tune when minors are using the facility where the offense
subdivision (d) ol•Section 11054, except paragraphs (13), occurs, the defendant shall, as a full and separately served
( 14), (15), and (20) of subdivision ((I), specified in enhancement 16 any other enhancement provide(] in
paragraph (2) or (3) or subdivision (f) of Section 11054, paragraph (3), be punished by imprisonment in the state
or specified in subdivision (d) , (e), or (f) of Section prison for two years.
11055, by thb.* use of a minor as agent, who solicits, induces, (3) If the offense involved a minor who is at least four
encourages, or inlimidatcs any minor with the intent that ye;u-s younger than the defendant, the defendant shall, as
the minor shall violate any provision of this article a full Mid separately served enhancement to any other
involving those controlled substances or who trnl;Iwl*tllly enhancement provided in this subdivision, be punished
I'll",lishes, offers to Furnish, or attempts to furnish those by imprisonment in the state prison for one, two, or three
c;ontrollc•cl substances to a minor shall he punished by years, at the discretion of the court.
irnpris{,mnenl in Iht, state prison for it period of three, six, (b) The Miditional punishment provided in this
M rriuc years. section shall not be imposed unless the allegation is
All 2645.
All 264:) — 10 —
usatory pleading and admitted by tile .(I ). Picking up litter along public streets or highways. `
charged in the acc (2) Cleaning; up graffiti on school grounds or any
defendant or found to be true by the trier of' fact. public property.
(c) The additional punishment provided in this 1 (3) Performing, services in a drug rehabilitation
section shall be in addition to any other punishment center.
provided by law and shall not be limited by any other SEC. 9. No reimbursement is required by this act
provision of law. pursuant to Section 6 of Article XIII 13 of the California
(d) Notwithstanding any other provision of law, the Constitution for those costs which may be incurred by a
court may strike the additional punishment provided for local agency or school district because this act creates a
in this section if it determines that there are
• �, Y
circumstances in mitigation of the additional punishment new crime or infraction, changes the definition of a crime
and states on the record its reasons For striking the or infraction, changes the penalty for a crime or
additional punishment. infraction, or eliminates a crime or infraction.
However, notwithstanding Section 17610 of the
(e) The definitions contained in sudbdivision (e) of
Section 11353.1 shall apply to this section. Government Code, if the Commission on State Mandates
SEC.7. Section 11380.5 of the Health and Safety Code determines that this act contains other costs mandated by
the state, reimbursement to local agencies and school
is repealed. districts for those costs shall be trade pursuant to Part 7
SEC. 8. Section 729.8 of the Welfare and Institutions (commencing with Section 17500) of Division 4 of Title
Code is amended to read: 2 of the Government Code. if the statewide cost of the
729.8. (a) If a minor is found to be a person described claim for reimbursement does not exceed one million
in Section 602 by reason of the unlawful possession, use, dollars ($1,000,000),
sale, or other furnishing of a controlled substance, as the Stat Mandte Clatins Futnl nt shall be made from
defined in Chapter 2 (commencing with Section 11053') Notwithstanding Section 17580 or the Government
of the health and Safety Code an imitation controlled Code, wiles otherwise specified in this act, the rovisions
substance as defined in Section 11675 of the Health and of this act shall become o �erative on the sam date that
Safety Code, or toluene or a toxic, as described in Section the act takes effect 1 pursuant to the California
381 of the Penal Code, upon the grounds of any school p
providing_inslruction in kindergarten, or any of grades 1 Constitution.
to 12, inclusive, or any church or synagogue, playground,
public or private youth center, or public swimming pool,
during hours in which these facilities are open for
business, classes, or school-related activities or programs,
or at any time when minors are using the facility, the
court, as a condition of probation, except in any case in
Which the court makes a finding and states on the record
its reasons that the condition would be inappropriate,
Shall require the minor to perform not more than 100
hours of coininunity service.
. (b) The de niliuns contained in subdivision (e) of
i
Section 11351.1 shall apply to this section.
(c) As used in this section, "community service"
means ally of' the fallowing;:
RESOLUTION NO. - 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************
ESTABLISHING DRUG FREE SCHOOL AND PLAYGROUND ZONES
WITHIN 1000 FEET OF
DUBLIN PUBLIC SCHOOLS, PRIVATE SCHOOLS AND RECREATION AREAS
WHEREAS, the sale of drugs to children is particularly deplorable
in that it is illegal, destroys young lives, has disastrous effects on
the family and community and ultimately the quality of life in our
community; and
WHEREAS, the United States Code, Section 845 and 845a of Title 21
provides for enhanced penalties for persons who distribute drugs to
individuals under the age of 21 or who distribute drugs within 1000 feet
of schools; and
WHEREAS, the City of Dublin may request through the U. S. Attorney
General' s Office Federal prosecution of violators of Section 845 and
845a of the United States Code; and
WHEREAS, the Health and Safety Code of the State of California,
Section 11353 . 6, provides for enhanced penalties for persons who
distribute drugs to anyone under the age of 18 within 1000 feet of
schools and playgrounds; and
WHEREAS, the City of Dublin may request through the Alameda County
District Attorney' s Office, state prosecution of violators of Section
11353 . 6 H&S .
NOW, THEREFORE, BE IT RESOLVED that to the extent authorized by
law, the City. Council of the City of. Dublin does hereby provide the
establishing of "Drug Free School and Playground Zones" within 1000 feet
of public and private elementary and secondary schools and playgrounds;
and
BE IT FURTHER RESOLVED, that by copy of this resolution, the U. S .
Attorney General' s Office and the Alameda County District Attorney
General' s Office will encourage Federal and State prosecution to the
maximum extent possible for all drug offenders violating the City of
Dublin' s "Drug Free Zones . "
PASSED, APPROVED AND ADOPTED this 28th day of May, 1991 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
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