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Township of Ewing, NJ
Mercer County
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Table of Contents
Table of Contents
Code
New Laws (12) Index Notes (3)
[HISTORY: Adopted by the Township Council of the Township of Ewing as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 91 of the 1998 Code; amended in its entirety 5-24-2016 by Ord. No. 16-09]
The Township Council authorized the Township Engineer to prepare a map depicting the location and boundaries of drug-free school zones in the Township pursuant to the mandate of N.J.S.A. 2C:35-7, and such map was prepared and was originally designated as "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, January 1988," was revised in 2001 and designated, "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, October 2001," was revised in 2002 and designated, "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, October 2002," and has again been revised and is now designated "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, May 4, 2016," which reflects additions and/or deletions with respect to the location and boundaries of school property and drug-free school zones, and is on file in the office of the Municipal Clerk, and the Council has reviewed such map. The map be and is hereby found to be an accurate and reliable record of the location and areas within the Township 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 in or within 1,000 feet of such school property, and such map is approved and adopted as the official finding and record of such location and areas.
The Drug-Free School Zone Map approved and adopted pursuant to § 157-1 of this chapter 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 a private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township 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 Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 157-1 of this chapter, and to provide, at a reasonable cost as set by this Code, 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 Mercer 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 § 157-1 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. 
All of the property depicted on the map approved 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 N.J.S.A. 2C:35-7, and/or as of May 4, 2016, the date of the most recent map.
C. 
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 § 157-1 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 owned by or leased to a school or school board or that such property is not used for school purposes.
D. 
All of the requirements set forth in P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
[Adopted 12-10-2002 by Ord. No. 02-26; amended in its entirety 5-24-2016 by Ord. No. 16-09]
The Township Council authorized the Township Engineer to prepare a map depicting the location and boundaries of the area in 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.), a public park, or a publicly owned or leased library or museum in the Township pursuant to the mandate of N.J.S.A. 2C:35-7.1, and such map was prepared and was designated as "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, October 2001," was revised in 2002 and designated "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, October 2002," and has been revised and is now designated as "Drug-Free Zone, Township of Ewing, County of Mercer, State of New Jersey, May 4, 2016," and is on file in the office of the Municipal Clerk, and the Council has reviewed such map. The map be and is hereby found to be an accurate and reliable record of the location and areas within the Township of property which is owned 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.), a public park, or a publicly owned or leased library or museum, and the areas in or within 500 feet of such public property, and such map is approved and adopted as the official finding and record of such location and areas.