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2023/04/19 Council Agenda Packet
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2023/04/19 Council Agenda Packet
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Council Agenda Packet
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4/19/2023
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shelter may be punished by a fine of up to twice the fine otherwise authorized by this chapter, <br />or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, or by <br />both such fine and imprisonment. The provisions of this section shall not operate to more than <br />double the fine or imprisonment otherwise authorized by this chapter for an offense. <br />B. It is not a defense to a prosecution for a violation of this section that the person was unaware <br />that the prohibited conduct took place while in a school or school bus or within one thousand <br />feet of the school or school bus route stop, in a public park, in a public housing project <br />designated as a drug -free zone, on a public transit vehicle, or in a public transit stop shelter. <br />C. It is not a defense to a prosecution for a violation of this section or any other prosecution under <br />this chapter that persons under the age of eighteen were not present in the school, the school <br />bus, the public park, the public housing project designated as a drug -free zone, or <br />the public transit vehicle, or at the school bus route stop or the public transit vehicle stop <br />shelter at the time of the offense or that school was not in session. <br />D. It is an affirmative defense to a prosecution for a violation of this section that the prohibited <br />conduct took place entirely within a private residence, that no person under eighteen years of <br />age or younger was present in such private residence at any time during the commission of the <br />offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or <br />possessing with the intent to manufacture, sell or deliver any controlled substance for profit. <br />The affirmative defense established in this section shall be proved by the defendant by a <br />preponderance of the evidence. This section shall not be construed to establish an affirmative <br />defense with respect to a prosecution for an offense defined in any other section of this <br />chapter. <br />E. In a prosecution under this section, a map produced or reproduced by any municipal, school <br />district, transit authority engineer, or public housing authority for the purpose of depicting the <br />location and boundaries of the area on or within one thousand feet of any property used for a <br />school, school bus route stop, public park, public housing project designated as a drug -free <br />zone, or public transit vehicle stop shelter, or a true copy of such a map, shall under proper <br />authentication, be admissible and shall constitute prima facie evidence of the location and <br />boundaries of those areas if the governing body of the municipality, school district or transit <br />authority has adopted a resolution or ordinance approving the map as the official location and <br />record of the location and boundaries of the area on or within one thousand feet of the school, <br />school bus route stop, public park, public housing project designated as a drug -free zone, <br />or public transit vehicle stop shelter Any map approved under this section or a true copy of the <br />map shall be filed with the clerk of the city, and shall be maintained as an official record of the <br />city. This section shall not be construed as precluding the prosecution from introducing or <br />relying upon any other evidence or testimony to establish any element of the offense. This <br />section shall not be construed as precluding the use or admissibility of any map or diagram <br />other than the one which has been approved by the governing body of a municipality, school <br />district, transit authority or public housing authority if the map or diagram is otherwise <br />admissible under court rule. <br />F. As used in this section, the following terms have the meanings indicated unless the context <br />clearly requires otherwise: <br />Az 2023 ORDINANCE Page 3 of 5 <br />
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