[HISTORY: Adopted by the Township Committee of the Township of Manalapan
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-30
as Ch. 95 of the 1993 Code]
[Amended 5-27-1998 by Ord. No. 98-20; 2-27-2002
by Ord. No. 2002-6]
In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A.
2C:35-7), Drug-Free Schools/Public Properties Zone Map in or about October
2001, prepared by CME Associates, Consulting and Municipal Engineers, 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. A
copy of the map referred to herein can be found on file in the office of the
Township Clerk.
The Drug-Free School Zone map approved and adopted pursuant to § 99-1 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
any 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 Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 99-1 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 Monmouth County Prosecutor.
The following additional matters are hereby determined, declared, recited
and stated:
A.Â
It is understood that the map approved and adopted pursuant to § 99-1 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)Â
The location of elementary and secondary schools within
the municipality;
(2)Â
The boundaries of the real property which is owned by
or leased to such schools or a school board;
(3)Â
That such school property is and continues to be used
for school purposes; and
(4)Â
The location and boundaries of areas which are on or
within 1,000 feet of such school property.
B.Â
All of the property depicted on the map approved and
adopted herein as school property qualifies as school property as defined
in P.L. 1988 c. 44.
[Amended 2-27-2002 by Ord. No. 2002-06]
C.Â
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 § 99-1 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.Â
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.
[Adopted 10-27-1993 by Ord. No. 93-30
as Ch. 96 of the 1993 Code]
[Amended 2-27-2002 by Ord. No. 2002-07]
In accordance with and pursuant to the authority of L. 1997, c. 327,[1] Drug-Free Schools/Public Properties Zone Map in or about October
2001, prepared by CME Associates, Consulting and Municipal Engineers, 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 public purposes
as defined by L. 1997, c. 327 and of the areas on or within 500 feet of such
public property. A copy of the map referred to herein can be found on file
in the office of the Township Clerk.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.
The Drug-Free Schools and Public Properties Zone Map approved and adopted pursuant to § 99-6 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public property as defined by L. 1997, c. 327, which is used for public 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 public property and Drug-Free Public Property Zones.
The Township Committee and/or the Planning Board 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 public property which is used for public purposes.
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 § 99-6 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 Monmouth County Prosecutor.
The following additional matters are hereby determined, declared, recited
and stated:
A.Â
It is understood that the map approved and adopted pursuant to § 99-6 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:
B.Â
All of the property depicted on the map approved and
adopted herein as public property qualifies as public property as defined
in P.L. 1997, c. 327.
C.Â
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 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 § 99-6 of this chapter. The failure of the map approved herein to depict the location and boundaries of any property which, in fact, qualifies as public property as defined in P.L. 1997, c. 327, 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 public property as defined in that statute.
D.Â
All of the requirements set forth in P.L. 1997, c. 327
concerning the preparation, approval and adoption of a Drug-Free Schools and
Public Properties Zone Map have been complied with.
