Atlantic City, NJ Weapon-Free School Zones

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 Ordinance No. 31 of 1995, a Drug-Free School Zone Map approved and adopted, as revised December 27, 2018, and as certified by the City Engineer, is 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.

§ 64-2 Weapon-Free School Zone Map.

[Amended 10-20-2004 by Ord. No. 120-2004; 9-17-2008 by Ord. No. 85-2008; 3-20-2019 by Ord. No. 4-2019]

The Drug-Free School Zone Map approved and adopted pursuant to a § 64-1, as revised December 27, 2018, and as certified by the City Engineer shall also constitute the Weapon-Free School Zone Map of the City of Atlantic City.

§ 64-3 Intent.

It is the intent of this chapter to designate any and all Drug-Free School Zones in the City of Atlantic City as Weapon-Free School Zones as well. Therefore, Ordinance Number 31 of 1995, to the extent necessary and appropriate, is incorporated herein to effectuate this intent.

§ 64-4 DWI Zone Map.

[Added 1-24-2001 by Ord. No. 80-2001 amended 10-20-2004 by Ord. No. 120-2004[1]; 9-17-2008 Ord. No. 85-2008; 3-20-2019 by Ord. No. 4-2019]

In accordance with and pursuant to the authority of N.J.S.A. 39:4-50, the Driving while Intoxicated, a DWI Zone Map, has been approved and adopted, as revised December 27, 2018, and as certified by the City Engineer as an official finding and record of the location and areas within the municipality's 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.[2]

[1]

Editor's Note: The preamble to this ordinance reads as follows:

WHEREAS, the City of Atlantic City would like to add a DWI-Free School Zone to the existing Drug-Free and Weapon- Free Zone Map; and

WHEREAS, to accomplish this Zone, the City would like to enlarge the existing Zone;

NOW THEREFORE, BE IT ORDINED by the City Council of the city of Atlantic City that: Section 1. Chapter 64.3 (§ 64-4) is hereby added to include a DWI-Free School Zone on the map:

[2]

Editor's Note: Ordinance No. 7-2001, adopted 2-28-2001, adopted the driving while intoxicated, drug-related charges or weapon related charges as school zone 1,000 feet perimeter map, as revised January 19, 2001, and as certified by the City Engineer.

Article II Restrictions

[Added 6-27-2007 by Ord. No. 39-2007]

§ 64-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:

WEAPON

Anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, leather bands studded with metal filings or razor blades embedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

§ 64-6 Restrictions on use or possession of weapons.

In addition to, but not in conflict with, the restrictions and penalties imposed under N.J.S.A. 2C:39-2 (Unlawful Possession of Weapons) and other applicable provisions of law, the following additional restrictions and penalties shall be applicable within the corporate boundaries of the City of Atlantic City:

No person shall:

(1)

Knowingly have in his possession any weapon while in or within 1,000 feet from the outermost boundaries of buildings or grounds owned or leased by any school, college, university or other educational institution used for school purposes; and

(2)

Possess that weapon in violation of any law of this state.

It shall not be a defense to a prosecution for a violation of this section that the actor was unaware that the prohibited possession took place while in or upon any part of the buildings of any school, college, university or other educational institution or within 1,000 feet from school property. It shall not be a defense to a prosecution under this section that no juveniles or students were present on the school property at the time of the offense or that the school was not in session.

In a prosecution under this section, a map produced or reproduced by the City Engineer for the purpose of depicting the location and boundaries of the buildings or grounds owned by or leased to any school, school board, college, university or other educational institution or used for school purposes, or within 1,000 feet from the outermost boundaries of those buildings or grounds, or a true copy of such a map, shall be admissible upon proper authentication, and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the City Council has adopted a resolution or ordinance approving the map as the official finding and record of the location and boundaries of those areas, which areas shall hereinafter be referred to as "Weapons-Free School Zones." Any map approved pursuant to this section may be changed from time to time by the City Council. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the Clerk of the City, and shall be maintained as an official record of the City. 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 City Council, provided that the map or diagram is otherwise admissible pursuant to the rules of evidence.

The provisions of this section shall not apply to any person who, in conformance with the provisions of N.J.S.A. 2C:39-6, N.J.S.A. 2C:58-4 or any other provisions of law, is permitted or authorized to possess a weapon.

Nothing in this section shall be deemed to preclude, if evidence so warrants, an indictment and conviction for a violation of other provisions of law concerning the unlawful possession of a weapon.

§ 64-7 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both.