[HISTORY: Adopted by the Township Committee of the Township of Independence
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-11-1988 by Ord. No. 88-26
(Ch. 17 of the 1984 Code)]
In accordance with and pursuant to the authority of P.L. 1988, c. 44
(N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on or about May
23, 1988, by Charles Biggs, 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 pursuant to § 191-1 of this article 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 article 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 Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 191-1 of this article 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 article shall be provided without cost to the County Clerk and to the office of the Warren 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 § 191-1 of this article was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of this state, and, 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 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 P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of P.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 § 191-1 of this article. 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 the requirements set forth in P.L. 1988, c. 44, concerning
the preparation, approval and adoption of a Drug-Free School Zone Map have
been complied with.
[Adopted 2-13-2007 by Ord. No. 2007-03]
In accordance with and pursuant to the authority of P.L. 1997, c. 327
(N.J.S.A. 2C:35-7.1), a Drug-Free Public Area Map has been drafted by the
Township Engineer, and is hereby approved by the Township Police Department
and it is hereby further approved and adopted as an official finding and record
of the location and areas within the Township of Independence of property
which is utilized as public housing facilities, public parks and public buildings
which are owned, leased or controlled by the Township of Independence, and
of the areas on or within 500 feet of said properties.
[1]
Editor's Note: The Public Areas Map is located at the end of this
chapter.
The Drug-Free Public Areas Map approved and adopted pursuant to § 191-6 of this article shall continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of the real estate comprising public housing facilities, public parks and public buildings which are owned, leased or controlled by the Township of Independence, until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of the public housing facilities, public parks and/or public buildings and drug-free public areas within the Township of Independence.
The Clerk of the Township of Independence is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant § 191-6 of this article and to provide, at 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 article shall be provided without cost to the Warren County Clerk and the office of the Warren County Prosecutor.
The following matters are hereby determined, declared, recited and stated:
A.
It is understood that the map approved and adopted pursuant to § 191-6 of this article was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of the State of New Jersey and that, pursuant to state law, such map shall constitute prima facie evidence of the following:
(1)
The location of public housing facilities, public parks
and public buildings which are owned, leased or controlled by the Township
of Independence.
(2)
The boundaries of the real property which is utilized
in connection with public housing facilities, public parks and public buildings
which are owned, leased or controlled by the Township of Independence.
(3)
That such property continues to be used as public housing
facilities, public parks and/or public buildings.
(4)
The location and boundaries of areas which are on or
within 500 feet of such public housing facilities, public parks and public
buildings.
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 drug-free public area was owned, leased or controlled
by the Township of Independence and was being used for public housing facilities,
public parks and/or public buildings as of January 9, 1998, that being the
effective date of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1).
C.
Pursuant to the provisions of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), 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 use of a map or diagram other than the one approved and adopted pursuant to § 191-6 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public housing facilities, public parks and/or public buildings and which is owned, leased or controlled by the Township of Independence, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the location and boundaries of such property which has 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 or leased by the Township of Independence, or that such property is not used for public housing facilities, public parks or public buildings.
D.
All of the requirements of P.L. 1997, c. 327 (N.J.S.A.
2C:35-7.1) concerning the preparation, approval and adoption of a Drug-Free
Public Area Map have been complied with.
