[HISTORY: Adopted by the Township Committee of the Township of Mansfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1988 by Ord.
No. 1988-16]
[Amended 4-27-2005 by Ord. No. 2005-10]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
the Mansfield Township Drug-Free School Zone Map, prepared and amended by
Remington & Vernick Engineers and dated January 27, 2005, is hereby approved
and adopted as an official finding and 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 within 1,000 feet of such school property.
[Amended 4-27-2005 by Ord. No. 2005-10]
The Mansfield Township Drug-Free Zone Map approved and adopted herein shall constitute an official finding and record of the Township 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 section shall be amended to reflect any additions or deletions with respect to the location and boundaries of such property and drug-free zones. The map described and adopted herein may be combined with the map described and adopted pursuant to N.J.S.A. 2C:35-7.1 and § 16A-6 et seq. of the Code of the Township of Mansfield.
The School Board, or 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 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.
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 § 16A-1 of this article and 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 a 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 a map and of this article 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 § 16A-1 of this article 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 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 the date of the most recent map amendment as set forth in § 16A-1 above.
[Amended 4-27-2005 by Ord. No. 2005-10]
C.
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 § 16A-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 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 8-8-2001 by Ord.
No. 2001-14]
As used in this article, the following terms shall have the meanings
indicated:
A Drug-Free Public Park and Public Building Zone Map produced by the Township's Engineer, which shall indicate the specific Township public parks or public buildings used for such purposes and the areas on or within 500 feet of such public parks or public buildings. The map described and adopted herein may be combined with the map described and adopted pursuant to N.J.S.A. 2C:35-7 and § 16A-1 et seq. of the Code of the Township of Mansfield.
[Amended 4-27-2005 by Ord. No. 2005-10]
Any and all buildings in the Township of Mansfield designated by
the Township Committee as buildings owned or leased by the Township of Mansfield
and available for public use.
Any and all property in the Township of Mansfield designated by the
Township Committee as available for recreational purposes, including but not
limited to the Mansfield Township Community Park and such other parks as may
be designated from time to time by the Township Committee.
A.
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7.1, the Mansfield Township Drug-Free School Zone Map, prepared and
amended by Remington & Vernick Engineers and dated January 27, 2005, is
hereby approved and adopted as an official finding and record of the location
and areas within the Township of property which is used for or comprises a
public housing facility, public park or public building and areas on or within
500 feet of such facilities as defined in N.J.S.A. 2C:35-7.1.
[Amended 4-27-2005 by Ord. No. 2005-10]
B.
The Drug-Free Zone Map approved and adopted pursuant
to this article shall continue and constitute an official finding and record
as to the location and boundaries of the areas on or within 500 feet comprising
a public housing facility, a public park or a public building as defined in
N.J.S.A. 2C:35-7.1 until such time, if any, that this article shall be amended
to reflect any additions or deletions with respect to the locations and boundaries
of the public housing facilities, public parks and public buildings and the
drug-free zone.
[Amended 4-27-2005 by Ord. No. 2005-10]
C.
The Clerk of the Township is hereby directed to receive
and to keep on file the original map approved and adopted pursuant to this
article and 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 Clerk of
Burlington County and to the office of the Burlington County Prosecutor.
D.
It is understood that the map approved and adopted pursuant
to this article was prepared and is intended to be used as evidence in prosecutions
arising as a result of the violation of this article and that such map shall
constitute prima facie evidence of the following:
A.
Any person who violates the provisions of this article
by distributing, dispensing or possessing with the intent to distribute a
controlled dangerous substance or controlled substance analog while in, on
or within 500 feet of the real property comprising a public park and public
building shall be guilty of violating the prohibitions set forth in this article.
B.
It shall be no defense to a prosecution for violation
of this article that the violator was unaware that the prohibited conduct
took place while on or within 500 feet of a public park or a public building.
C.
Nothing in this article shall be construed to preclude
or limit a prosecution or conviction for a violation of N.J.S.A. 2C:35-7.1
or any other offense defined in N.J.S.A. 2C:35-1 et seq.
D.
It is an affirmative defense to prosecution for a violation
of this article that the prohibited conduct did not involve distributing,
dispensing or possessing with the intent to distribute or dispense any controlled
dangerous substance or controlled substance analog for profit, and that the
prohibited conduct did not involve distributing to a person 17 years of age
or younger. The affirmative defense established in this section shall be proved
by the defendants by a preponderance of evidence. Nothing herein shall be
construed to establish an affirmative defense with respect to a prosecution
for an offense defined in any other section of this article.
The Mansfield Township Police Department shall be vested with the power
and authority to enforce the provisions and prohibitions set forth in this
article as the same relate to a drug-free zone within 500 feet of all public
parks and public buildings within the Township.
Any persons violating any of the provisions of this article, or any
rule or regulation promulgated pursuant to this article, shall, upon conviction,
be subject to a fine not exceeding $1,000 or to a jail term in the county
jail not exceeding 90 days or to a period of community service not exceeding
90 days, or any combination thereof.
