[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-3-1996 by Ord. No. 096.10]
Pursuant to the authority of L. 1988, c. 44
(N.J.S.A. 2C:35-7), the Drug Free School Zone Map (herein "Map") produced
on or about January 1969, by Van Cleef Engineering Associates, Borough
Engineer, is hereby approved and adopted as an 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.
The map 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
until such time (if any) that this section shall be amended to reflect
any modifications to the location and boundaries of school property
and drug-free school zone.
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 charges 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.
The Municipal Clerk is hereby directed to receive
and keep on file the original of the map, 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. A true copy of such map
and of this article shall be provided without cost to the Middlesex
County Clerk and to the Office of the Middlesex County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A.Â
The map is intended to be used as evidence in prosecutions
arising under the criminal laws of this state, and pursuant to state
Law, such map shall constitute prima facie evidence of the following:
(1)Â
The location of elementary and secondary schools within
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; and
(4)Â
The location and boundaries of areas which are on
or within 1,000 feet of such school property.
B.Â
Except as is otherwise expressly noted on the face
of the map, all of the property depicted thereon as school property
was owned by (or leased to) a school or School Board and was used
for school purposes as of June 6, 1996.
C.Â
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 Drug-Free School Zone Map. 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 owned by or leased to a school or School Board,
or that such property is not used for school purposes.
D.Â
All legal requirements concerning the preparation,
approval and adoption of a Drug-Free School Zone Map have been complied
with.
[Adopted 11-19-2001 by Ord. No. 001.10]
A.Â
It shall be unlawful for minors under the age of 18,
or any student of any elementary or secondary educational institution
to use tobacco products within the public right-of-way areas within
a radius of 1,000 feet of any elementary or secondary educational
institution.
B.Â
Appropriate signs shall be posted at the perimeter
of the one-thousand-foot radius indicating the existence of a Drug-Free
School Zone in accordance with state regulation and a Smoke-Free School
Zone in accordance with local ordinance.
A.Â
Whenever the Health Officer, or his or her designee,
or a law enforcement officer reasonably believes there exists a violation
of this article, he or she may issue a summons and complaint not later
than 30 days after discovery of an alleged violation. The complaint
shall be written and shall state with reasonable particularity the
nature of the violation, including reference to the article and section
of this article alleged to have been violated. The complaint shall
be delivered or sent by certified mail to the alleged violator.
B.Â
The Health Officer, or his designee, or law enforcement
officer, or any other person charged with enforcement of this article,
after giving proper identification, may inspect any matter, thing,
incident, or event as necessary.
C.Â
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or
any other person charged with enforcement of this article, who may
request the assistance of the Borough of Dunellen Police Department
or other police agency or peace officer when necessary to execute
his or her official duty in a manner prescribed by law.
D.Â
Citizens may bring complaints against violators of
this article.
A.Â
Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this article shall,
upon conviction thereof, pay a penalty of not less than $25 nor more
than $100 for each offense. Penalties for first violations may be
in the form of community service.
B.Â
Complaint shall be made in the Municipal Court of
the Borough of Dunellen or before such other judicial officer having
authority under the laws of the State of New Jersey.
