[HISTORY: Adopted by the City Council of the City of Atlantic
City 3-18-1998 by Ord. No. 8-1998. Amendments noted where applicable.]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7 the Drug-Free Public Housing Facility, Public Park and Public
Building Zone Map (maps) produced on or about March 4, 1998, or any
amended map subsequently filed by the Municipal Engineer in the Office
of the Municipal Clerk of Atlantic City, is hereby approved and adopted
as an official finding and record of the location and areas within
the municipality of property that is within 500 feet of a public housing
facility, public park or public building.
The Drug-Free Public Housing Facility, Public Park and Public Building Zone Map approved and adopted pursuant to § 19-1 of this chapter shall continue to constitute an official finding and record as to the locations and boundaries of areas within the municipality on or within 500 feet of a public housing facility which is owned by or leased to a housing authority according to the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.), public park or public building as defined in N.J.S.A. 2C:35-7, until such time, if any, that said map shall be amended by the Municipal Engineer and duly filed with the Municipal Clerk to reflect any additions or deletions with respect to the location and boundaries of the public housing facilities, public parks or public buildings.
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 § 19-1 of this chapter and any amendments thereto filed by the Municipal Engineer 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 or amended map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and any amendments thereto and of this chapter shall be provided without cost to the County Clerk and to the office of the Atlantic County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map and any amended maps duly filed by the Municipal Engineer with the Municipal Clerk pursuant to § 19-3 of this chapter, approved and adopted pursuant to § 19-1 of this chapter, 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 and boundaries of the area on or within 500 feet of
a public housing facility which is owned by or leased to a housing
authority according to the Local Redevelopment and Housing Law, P.L.
1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), the area in or within 500
feet of a public park or the area in or within 500 feet of a public
building as defined in N.J.S.A. 2C:35-7.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 § 19-1 of this chapter.
C.
All of the requirements set forth in N.J.S.A. 2C:35-7
concerning the preparation, approval and adoption of a drug-free public
housing facility, public park and public building zone map have been
complied with.
