[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-10-1988 by Ord. No. 88-16R]
In accordance with and pursuant to the authority of P.L. 1988,
c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on
or about March 14, 1986, by Richard O. Luster, Municipal Engineer,
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality of property within
1,000 feet of property used for school purposes and which is owned
by or leased to any elementary school or school board.
The Drug-Free School Zone Map approved and adopted pursuant to § 148-1 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.
[Amended 2-8-2005 by Ord. No. 05-02R[1]]
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 Borough Engineer
and the Borough Attorney 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.
[1]
Editor's Note: This ordinance is retroactive to 1-1-2005.
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 148-1 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 Union County Clerk and to the office of the Union County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.Â
It is understood that the map approved and adopted pursuant to § 148-1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to New Jersey, such map shall constitute prima facie evidence of the following:
(1)Â
The location of elementary and secondary schools within 1,000 feet
of the municipality.
(2)Â
The boundaries of the real property which is owned by or leased to
such schools or a school board.
(3)Â
That such school property is and continues to be used for school
purposes.
(4)Â
The location and boundaries of areas which are on or within 1,000
feet of such school property.
B.Â
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 July 9, 1987, that being
the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C.Â
Pursuant to the provisions of P.L 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to § 148-1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not used for school purposes.
D.Â
All of the requirements set forth in P.L. 1988, c. 44, concerning
the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with.
[Adopted 12-28-1999 by Ord. No. 99-25R]
Any person who violates N.J.S.A. 2C:35-5a by distributing, dispensing
or possessing with intent to distribute a controlled dangerous substance
or controlled substance analog while within 1,000 feet of the real
property comprising a public park or a public building is guilty of
a crime of the second degree, except that it is a crime of the third
degree if the violation involved less than one ounce of marijuana.
It shall be no defense to a prosecution for violation of this
article that the actor was unaware that the prohibited conduct took
place while on or within 1,000 feet of a public park or a public building.
Notwithstanding the provisions of N.J.S.A. 2C:1-8 or any other
provision of law, a conviction arising under this article shall not
merge with a conviction for a violation of Subsection a of N.J.S.A.
2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.A. 2C:35-6
(employing a juvenile in a drug distribution scheme). Nothing in this
article shall be construed to preclude or limit a prosecution or conviction
for a violation of N.J.S.A. 2C:35-7 or any other offense defined in
this article.
It is an affirmative defense to prosecution for a violation
of this article that the prohibited conduct did not involve distributing,
dispensing or possessing with the intent to distribute or dispense
any controlled dangerous substance or controlled substance analog
for profit, and that the prohibited conduct did not involve distribution
to a person 17 years of age or younger. The affirmative defense established
in this article shall be proved by the defendant by a preponderance
of the evidence. Nothing herein shall be construed to establish an
affirmative defense with respect to a prosecution for an offense defined
in any other section of this chapter.
In a prosecution under this article, a map produced or reproduced
by the Borough or County Engineer for the purpose of depicting the
location and boundaries of the area on or within 1,000 feet of a public
park or public building, or a true copy of such map, shall, upon proper
authentication, be admissible and shall constitute prima facie evidence
of the location and boundaries of those areas, provided that the Mayor
and Council have adopted an ordinance approving the map as official
finding and record of the location and boundaries of the area or areas
on or within 1,000 feet of a public park or public building. Any map
approved pursuant to this section may be changed from time to time
by the Mayor and Council by resolution. The original of every map
approved or revised pursuant to this section, or a true copy thereof,
shall be filed with the Borough Clerk and shall be maintained as an
official record of the Borough. Nothing in this section shall be construed
to preclude the prosecution from introducing or relying upon any other
evidence or testimony to establish any element of this offense; nor
shall this section be construed to preclude the use or admissibility
of any map or diagram other than one which has been approved by the
Mayor and Council, provided that the map or diagram is otherwise admissible
pursuant to the New Jersey Rules of Evidence.
As used in this article, the following terms shall have the
meanings indicated:
Any publicly owned or leased building.
A park, recreation facility, or area or playground owned
or controlled by the state, County of Union, and/or the Borough.
