[HISTORY: Adopted by the Township Council
of the Township of Evesham 8-16-2005 by Ord. No. 11-8-2005[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former
Ch. 69, Drugs, Art. I, Drug-Free School Zones, adopted 1-3-1989 by
Ord. No. 2-1-1989, amended in its entirety 9-21-1993 by Ord. No. 50-9-93,
as amended; and former Ch. 70, Drunk-Driving-Free School Zones, adopted
9-5-2000 by Ord. No. 22-6-2000.
A.
Map. The Drug and Drunk Driving Free Zone Map produced
on November 10, 2021, by Remington & Vernick Engineers, titled
"Evesham Township Drug-Free Zones" is hereby approved and adopted
as an official finding and record of the location and boundaries of
the area or areas on or within 1,000 feet of school property, as owned
or leased to any elementary or secondary school or school board; and
the map also depicts the area or areas on or within 500 feet of public
parks and/or public buildings within Evesham Township, within the
definitions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, and incorporated
by reference at N.J.S.A. 39:4-50(g).
[Amended 12-8-2021 by Ord. No. 42-12-2021]
B.
School crossings. In accordance with and pursuant
to the authority N.J.S.A. 39:4-50(g), the following is a list of school
crossings which have been so designated by the Township of Evesham:
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Tomahawk Drive and Munger Avenue
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Arrowhead Drive and Schoolhouse Lane
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Caldwell Avenue and Bancroft Road
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Caldwell Avenue and Radnor Boulevard (Heritage)
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Knox Boulevard and Marlborough Avenue
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Willowbend Road and Kevin Way
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Wescott Road and Jaggard School
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Willowbend Road and Kenton Avenue
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Conestoga Drive and Revere Road
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Greentree Road and Charter Oak Drive
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Greentree Road and Conestoga Drive
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Conestoga Drive and Bartram Road
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Crown Royal Parkway and Rice School
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Carlton Avenue and Wellington Drive
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Carlton Avenue and Palmetto Avenue
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Carlton Avenue and Bon Air Drive
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Wellington Drive and Wessex Place
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The Drug- and Drunk-Driving-Free Zone Map and school crossings approved and adopted pursuant to § 69-1 of this chapter shall continue to constitute an official finding and record as to the location of school crossings and boundaries of areas on or within 1,000 feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes or areas on or within 500 feet of public parks and/or public buildings within Evesham Township, 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, public parks and/or public buildings and drug-free zones.
The Superintendent of Schools of the local and
regional schools within the Township, or the Chief Administrative
Officer in the case of any private or parochial school, and the Township
Clerk for the public parks or public library, are hereby directed
and shall have the continuing obligation to promptly notify the Township
Engineer and the Township 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 for schooling
use, Township public parks or public buildings, or school crossings.
A.
It is understood that the map approved and adopted pursuant to § 69-1 of this chapter was prepared and is intended to be used as evidence in prosecution 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 and
public parks and/or public buildings within Evesham Township.
(2)
The boundaries of the real property of public parks
and/or public buildings and real property owned by or leased to a
school or a school board.
(3)
School property and public parks and/or public buildings
are and continue to be used for their intended uses.
(4)
The location and boundaries of areas which are on
or within 1,000 feet of school property and 500 feet of public parks
and/or public buildings.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-1, 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 uses of a map or diagram other than the one approved and adopted pursuant to § 69-1 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, or 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 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, that such property is not used for school purposes or that such property is not a public park and/or building.
