[HISTORY: Adopted by the Township Committee of the Township of Lumberton 9-6-1988
by Ord. No. 1988-22; amended in its entirety 9-21-1998
by Ord. No. 1998-27. Subsequent amendments noted where applicable.]
[Amended 1-18-2005 by Ord. No. 2005-1]
In accordance with and pursuant to the authority of P.L. 1988, c. 44
(N.J.S.A. 2C:35-7) and P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free
Zone Map produced December 2004 by David J. Latini, Township Engineer, which
replaces previous maps produced in July 1993 and July 1998 by Richard A. Alaimo
Associates, 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 an elementary or secondary
school or school board, and of the areas on or within 1,000 feet of such school
property; and for public housing facilities, public parks or publicly owned
or leased libraries or museums as defined in P.L. 1997, c. 327, and of the
areas on or within 500 feet of such public housing facilities, public parks,
public buildings or publicly owned or leased libraries or museums.
The Drug-Free Zone Map approved and adopted pursuant to § 141-1 of this chapter shall continue to constitute an official finding and record as to 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 or within 500 feet of property owned by or leased to any public entity for a public housing facility, public park purposes or library or museum 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 such properties and drug-free zones.
The school board, or the chief administrative officer in the case of
any private or parochial school, and the Township Clerk are hereby directed
and shall have the continuing obligation to promptly notify the Municipal
Engineer and the Municipal Solicitor 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
or to any public housing facility or for any public park or library or museum
purposes.
The Clerk of the Township is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 141-1 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 Clerk of Burlington County and to the office of the Burlington 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 § 141-1 of this chapter was prepared and is intended to be used as evidence in the 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, of
public housing facilities, of public parks and of libraries and museums within
the municipality.
(2)
The boundaries of the real property which are owned by
or leased to such schools or a school board or to such entities as may be
responsible for the public housing facility, public park or libraries or museums.
(3)
That such school(s) and public property(ies) are and
continue to be used for school purposes or for public housing facilities,
public parks and/or libraries or museums.
(4)
The location and boundaries of areas which are on or
within 1,000 feet of such school properties or on or within 500 feet of such
public housing facilities, public parks or libraries or museums.
B.
All of the property depicted on the map approved and
adopted herein as school property, or as public housing facilities, public
parks or libraries or museums were owned by or leased to a school or school
board and were being used for school purposes as of July 9, 1987 (the effective
date of P.L. 1988, c. 44), and/or were owned by or leased to a public entity
and being used for public housing facilities, public parks or libraries or
museums as of January 9, 1998 (the effective date of P.L. 1997, c. 327).
C.
Pursuant to the provisions of P.L. 1988, c. 44, and P.L. 1997, c. 327, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to § 141-1 of this chapter. The failure of the map approved herein to depict the location and boundaries of any properties which are, in fact, used for school purposes, public housing facilities, public parks or libraries and museums and which are owned by or leased to any elementary or secondary school or school board, as applicable, or to any other public entity operating the public housing facility, public park or library/museum, as applicable, 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 the applicable public entity or that such property is not used for the applicable public purposes (i.e., school purposes, public housing facilities, public parks or libraries or museums).
D.
All of the requirements set forth in P.L. 1988, c. 44,
concerning the preparation, approval and adoption of a Drug-Free School Zone
Map, and the provisions of P.L. 1997, c. 327, concerning the preparation,
approval and adoption of a Drug-Free Public Facility/Public Park Zone Map,
have been complied with.
