[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 12-21-1988 by Ord. No. P-29; amended in its entirety 4-15-1998 by Ord. No.
R-300. Subsequent amendments noted where applicable.]
[Amended 2-15-2017 by Ord. No. Z-468]
In accordance with and pursuant to the authority of P.L. 1988,
c. 44 (N.J.S.A. 2C:35-7), the attached Drug-Free School Zone Map produced
on or about June 1, 2016, by Jeffrey Morris, Municipal 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 Drug-Free School Zone Map
approved and adopted 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 chapter shall be amended to reflect any additions
or deletions with respect to the location and boundaries of school
property and drug-free school zones.
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.
The City Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 94-1 of this chapter 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 chapter shall be provided without cost to the County Clerk and to the office of the Hudson County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to § 94-1 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 of elementary and secondary schools within the municipality.
(2)
The boundaries of the real property which is owned by or leased to
such schools or a school board.
(3)
That such school property is and continues to be used for school
purposes.
(4)
The location and boundaries of areas which are on or within 1,000
feet of such school property.
B.
Except as is otherwise expressly noted on the face of the approved
and adopted map, 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 L. 1987, c. 101
(N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of 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 § 94-1 of this chapter. 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.
All of the requirements set forth in L. 1988, c. 44, concerning the
preparation, approval and adoption of a Drug-Free School Zone Map
have been complied with.
This chapter shall take effect 20 days after final passage and
publication according to law.
[Amended 2-15-2017 by Ord. No. 469]
In accordance with and pursuant to the authority of P.L. 1997,
c. 327, the Drug-Free Public Housing, Public Park, and Public Building
Zones Map[1] produced on or about July 28, 2016, by Jeffrey Morris,
Municipal Engineer, is hereby approved and adopted as an official
finding and record of the locations and areas within the municipality
of property that is used for a public housing facility owned by or
leased to a housing authority pursuant to the "Local Redevelopment
and Housing Law," P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), or
that is used for any public park, or public building, and of the areas
on or within 500 feet of such public housing, public park, or public
building property. The Drug-Free Public Housing, Public Park, and
Public Building Zones Map approved and adopted shall continue to constitute
an official finding and record as to the location and boundaries of
areas on or within 500 feet of a public housing facility, public park,
or public building until such time, if any, that this chapter shall
be amended to reflect any additions or deletions with respect to the
location and boundaries of public housing facilities, public parks,
public buildings, and drug-free public housing, public parks, and
public building zones.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
As used in this article:
Any publicly owned or leased library or museum.
Any dwelling, complex of dwellings, accommodation, building,
structure, or facility and real property of any nature appurtenant
thereto and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the "Local Redevelopment
and Housing Law," P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.) for
the purpose of providing living accommodations to persons of low income.
A park, recreation facility or area, or playground owned
or controlled by a state, county, or local government unit.
The City Clerk is hereby directed to receive and to keep on file the original map approved and adopted pursuant to § 94-6 of this chapter, and to provide at a reasonable cost a true copy thereof to any person, agency, or court that 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 chapter shall be provided without cost to the County Clerk and to the Office of the Hudson County Prosecutor.
The following additional matters are hereby determined, declared,
recited, and stated:
A.
It is understood that the map approved and adopted pursuant to § 94-6 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 of the public housing facilities within the municipality.
(2)
The location of the public parks within the municipality.
(3)
The location of the public buildings within the municipality.
(4)
The boundaries of the real property that is used for a public housing
facility owned by or leased to a housing authority pursuant to the
"Local Redevelopment and Housing Law," P.L. 1992, c. 79 (N.J.S.A.
40A:12A-1, et seq.), or that is used for any public park, or public
building.
(5)
That such property is and continues to be used for public housing,
public park, or public building purposes.
(6)
The location and boundaries of areas that are on or within 500 feet
of such public housing, public park, or public building property.
B.
Except as otherwise expressly noted on the face of the approved and
adopted map, all of the property depicted on the map approved and
adopted herein as public housing, public park, or public building
property was used for public housing, public park, or public building
purposes as of January 9, 1998, that being the effective date of P.L.
1997, c. 327.
C.
Pursuant to the provisions of P.L. 1997, c. 327, a prosecutor is
not precluded from introducing or relying upon any other evidence
or testimony in order to establish a violation of the offense defined
in that statute. The failure of the map approved herein to depict
the location and boundaries of any property that is a public housing
facility, public park, or public building, 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 that
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 public housing, public park, or public building purposes;
nor shall this article be construed to preclude the use or admissibility
of any map or diagram other than the one that has been approved by
the City Council, provided that the map or diagram is otherwise permissible
pursuant to the Rules of Evidence.
D.
All of the requirements set forth herein concerning the preparation,
approval, and adoption of a Drug-Free Public Housing, Public Park,
and Public Building Zone have been complied with.
All ordinance codes or parts of same inconsistent with any provisions
of this chapter are hereby repealed to the extent of such inconsistency.
