City of Linwood, NJ Chapter 128 Drug-Free Zones

[HISTORY: Adopted by Common Council of City of Linwood as indicated in article histories. Amendments noted where applicable.]

Article I Drug-Free School Zones

[Adopted 10-26-1988 by Ord. No. 14-1988]

§ 128-1 Adoption of map.

[Amended 10-14-1998 by Ord. No. 10-1998; 7-14-1999 by Ord. No. 12-1999; 2-14-2007 by Ord. No. 2-2007]

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, N.J.S.A. 2C:35-7.1 and N.J.S.A. 39:4-50, the Drug-Free and DWI-Free School Zone Map and the Drug-Free Zone Map produced and updated by Concord Atlantic Engineers/Dixon Associates, Municipal Engineer, is hereby approved and adopted as the 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 and are also adopted as an official finding and record of the location and areas within the municipality of property which is used as public parks and/or bicycle paths, public libraries and public museums and of the areas on or within 500 feet of such property.

§ 128-2 Map to constitute official finding.

[Amended 7-14-1999 by Ord. No. 12-1999; 2-14-2007 by Ord. No. 2-2007]

The Drug-Free and DWI-Free School Zone Map and Drug-Free Zone Map approved and adopted pursuant to § 128-1 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 and as to the location and boundaries of areas on or within 500 feet of property utilized as public parks and/or bicycle paths, public libraries and public museums 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 and DWI-free school zones and public parks/bicycle paths and public libraries and drug-free zones.

§ 128-3 Notification of changes.

[Amended 7-14-1999 by Ord. No. 12-1999]

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 Municipal Engineer and the Municipal 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, and the Municipal Clerk is directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property utilized as public parks, bicycle paths and public libraries.

§ 128-4 Filing of map; copies.

The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 128-1 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 the office of the Atlantic County Prosecutor.

§ 128-5 Map as evidence in prosecution.

[Amended 7-14-1999 by Ord. No. 12-1999]

The following additional matters are hereby determined, declared, recited and stated:

A. It is understood that the map approved and adopted pursuant to § 128-1 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:

(1) The location of elementary and secondary schools, municipal parks, municipal bicycle paths and public libraries within the municipality.

(2) The boundaries of real property which is owned by or leased to such schools or a School Board, as well as the boundaries of public parks, bicycle paths and public libraries.

(3) That such school property is and continues to be used for school purposes and that such public parks, bicycle paths and public libraries continue to be utilized for those specified purposes.

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

(5) The location and boundaries of areas which are on or within 500 feet of such public parks, bicycle paths and public libraries.

B. All of the property depicted on the map approved and adopted herein was owned by or leased to a school or School Board and was being used for school purposes as of May 12, 1999, and all property depicted in the map approved and adopted herein was being utilized as public parks, bicycle paths and public libraries on May 12, 1999.

C. Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to § 128-1 of this article. 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 or leased to any elementary or secondary school or School Board or which is being utilized for public park purposes, public bicycle path purposes or public library purposes, 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 owned by or leased to a school or School Board or that such property is not used for school purposes or that such property is not owned by the municipality and utilized for purposes as public parks, public bicycle paths and/or public libraries.

D. All of the requirements set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free School Zone Map and Drug-Free Zone Map have been complied with.