[HISTORY: Adopted by the Township Council of the Township of Moorestown 10-5-2015 by Ord. No. 17-2015. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 11, Drug-Free School Zones, adopted 9-12-1988 by Ord. No. 1435, as amended.
The purpose of this chapter is to establish drug-free zones pursuant to N.J.S.A. 2C:35-7 and 2C:35-7.1 and to adopt a map depicting the location and boundaries of each drug-free zone on or within 1,000 feet of any school property used for school purposes, which is owned or leased by any elementary or secondary school or school board; or the area on or within 500 feet of a public housing facility, which is owned or leased by a housing authority; or the area in or within 500 feet of a public park or public building.
As used in this chapter, the following terms are defined as follows:
- PUBLIC BUILDING
- Any publicly owned or leased library or museum.
- PUBLIC HOUSING FACILITY
- Any building used for public housing purposes which, is owned by or leased to a local housing authority in accordance with the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.
- PUBLIC PARK
- Any park, recreation facility or area or playground owned, leased or controlled by the State of New Jersey or the County of Burlington or the Township of Moorestown.
- SCHOOL PROPERTY
- Any building used for school purposes, which is owned or leased by any elementary or secondary school or school board.
The Drug-Free Zone Map, dated September 14, 2015, prepared by the Township Engineer, Alaimo Group, is adopted as the official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of any designated school property or on or within 500 feet of a public housing facility, a public park, or a public building. The map may be changed from time to time by the Township Council by ordinance.
Editor's Note: The Drug-Free Zone Map is on file in the Township Clerk's office.
The Township Engineer shall file with the Township Clerk the original of every map approved or revised pursuant to this section, or a true copy thereof, which map shall be maintained by the Township Clerk as an official record. The Township Clerk shall also provide, without cost, a true copy of this chapter and map to the Clerk of Burlington County and to the Office of the Burlington County Prosecutor within 20 days after final adoption. A true copy of the map will be made available for public inspection at the Township Clerk's office during usual business hours. A true copy will be furnished, at reasonable cost, to each person or public agency who requests such copy, together with the Township Clerk's certification that such copy is a true copy of the map approved and adopted by this chapter and so kept on file.
The Township Board of Education and, in the case of each nonpublic school, its chief administrative officer, are hereby directed, requested and given the continuing obligation to inform and notify the Township Manager and Police Department (via its Township Engineer and Attorney) promptly of any contemplated and actual changes in the locations or boundaries of any of its school property, including contemplated or actual acquisitions, conveyances, leases, subleases, condemnation proceedings and other formal and informal use arrangements and changes.
It is understood that the map approved and adopted pursuant to § 11-3 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:
The location of elementary and secondary schools and public parks and/or public buildings within Moorestown Township.
The boundaries of the real property of public parks and/or public buildings and real property owned by or leased by a school or school board.
School property and public parks and/or public buildings are and continue to be used for their intended uses.
The locations 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.
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 § 11-3 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 by 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 or leased by 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 public building.