§ 34.02 BOUNDARIES.

   The Drug-Free School, Park and Public Housing Zone Map approved and adopted pursuant to § 34.01 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of school property owned by or leased to any elementary or secondary school or school board which is used for school purposes, residential property owned, operated and managed by a public housing agency and public park property, until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of such school, public housing or public park property and Drug-Free School, Public Housing and Public Park Zones.

(Ord. 93-07, passed 12-6-93)

§ 34.03 NOTIFICATION OF BOUNDARY CHANGES.

   (A)   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 Board of Health and the City Attorney of any 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.

   (B)   The County Housing Authority is hereby directed and shall have the continuing obligation to promptly notify the Board of Health and the City Attorney of any changes in the location and boundaries of any residential property owned, operated and managed by the County Housing authority or any other public housing agencies.

   (C)   The Park Board is hereby directed and shall have the continuing obligation to promptly notify the Board of Health and the City Attorney of any changes in the location and boundaries of any public park property.

(Ord. 93-07, passed 12-6-93)

§ 34.04 AVAILABILITY OF COPIES.

   The City Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 34.01 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 this chapter shall be provided without cost to the Office of the County State's Attorney.

(Ord. 93-07, passed 12-6-93)

§ 34.05 PURPOSE.

   It is understood that the map approved and adopted pursuant to § 34.01 was prepared and is intended to be as evidence in proceedings arising under the criminal laws of this state and that, pursuant to state law, such map shall constitute prima facia evidence of the following:

   (A)   The location of elementary and secondary schools, residential public housing and public parks within the municipality;

   (B)   The boundaries of the real property which is owned by or leased to such schools or school board, public housing or public parks;

   (C)   That such school property is and continues to be used for school purposes;

   (D)   That such residential public housing property is and continues to be used for residential public housing purposes;

   (E)   That such public park property is and continues to be used for public park purposes; and

   (F)   The location and boundaries of areas which are on or within 1,000 feet of such school, public housing and park property.

(Ord. 93-07, passed 12-6-93)

PROSECUTION

§ 34.15 DISPOSITIONS OF SUPERVISION.

   (A)   The court may upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant if the defendant is not charged with a felony and, having regard for the circumstances of the offense, and the history, character and condition of the offenders, the court is of the opinion that:

      (1)   The defendant is not likely to commit further crimes;

      (2)   The defendant and the public would best be served if the defendant were not to receive a criminal record;

      (3)   In the best interests of justice an order of supervision is more appropriate than a sentence otherwise permitted under this code.

   (B)   The court shall consider the statement of the prosecuting attorney with regard to the standards set forth in this section.

('72 Code, § 11.040) (Ord. passed 7-15-85)