[HISTORY: Adopted by the Township Committee
of the Township of Pilesgrove 3-9-1999 by Ord. No. 99-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 105,
Drug-Free School Zones, adopted 5-16-1989.
In accordance with and pursuant to the authority
of L. 1988, c. 44 (N.J.S.A. 2C:35-7), and L. 1997, c. 327,[1] the Drug-Free School Zone map produced on or about February
15, 1988, by Albert A. Fralinger, P.A., Municipal Engineer, is hereby
approved and adopted as amended to include areas within 500 feet of
the municipal facilities as defined in L. 1997, c. 44, as an official
finding and record of the location and areas within the municipality
of property which are drug-free zones under the above statutes either
by reason of being used for school purposes and which are owned by
or leased to any elementary or secondary school or school board, and
the areas on or within 1,000 feet of such school property or by reason
of being within 500 feet of a drug-free municipal facility.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.1.
The Drug-Free School Zone Map amended and revised November 18, 1998, is hereby approved and adopted pursuant to § 105-1 of this chapter and 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 or leased to any elementary or secondary school or school board which is used for school purposes and additionally the boundaries of areas within 500 feet of municipal facilities 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 said drug-free zones.
The school board, or the chief administrative
officer in the case of any private or parochial school, or the Township
Clerk in the case of municipal facilities, 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 permitted to
be included in any drug-free zone under the above referenced statutes.
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 § 105-1 of this chapter, as amended, 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 Salem County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A.Â
It is understood that the map approved, adopted and amended pursuant to § 105-1 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 and the location of municipal facilities within the
municipality;
(2)Â
The boundaries of the real property which is owned
by or leased to such entities;
(3)Â
That such property is and continues to be used for
school or municipal purposes; and
(4)Â
The location and boundaries of areas which are on
or within 1,000 feet of such school property or 500 feet of such municipal
facilities.
B.Â
All of the property depicted on the map amended, approved
and adopted herein as the basis of a drug-free zone 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 L. 1987,
c. 101 (N.J.S.A. 2C:35-7) or that municipal property was owned by
(or leased to) the municipality as of October 7, 1996, that being
the effective date of L. 1997, c. 327.
C.Â
Pursuant to the provisions of L. 1988, c. 44, and L. 1998, 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 § 105-1 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 or in a drug-free municipal facility and which is owned by or leased to any elementary or secondary school or school board, or its municipality, 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 that such property is not used for school or municipal purposes.
