Borough of North Haledon, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-2014 by Ord. No. 12-2014]
In accordance with and pursuant to the authority of P.L. 1999, c. 185,[1] the following is a list of school crossings which have been so designated by the Borough of North Haledon: See Schedule "A" hereto.[2]
[1]
Editor's Note: See N.J.S.A. 39:4-50.
[2]
Editor's Note: Schedule "A" is on file in the Borough offices.
The Drunk-Driving-Free School Zones Map[1] produced on or about May 19, 2014, by Boswell Engineering, the Borough 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 on school land and of the areas on or within 1,000 feet of such school property.
[1]
Editor's Note: The Drunk-Driving-Free School Zones Map is on file in the Borough offices.
The Drunk-Driving-Free School Zones Map approved and adopted pursuant to 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 drunk-driving-free school zones. The list of school crossings designated above by the Mayor and Council shall continue to constitute an official finding and record of the location of school crossing zones within the Borough of North Haledon until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to school crossing zones in the Borough of North Haledon.
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 office of the Borough Engineer and the Borough 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 or of any additions or deletions to school crossings.
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to this article and the list of school crossings 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 list shall be provided without costs to the Passaic County Clerk and to the office of the Passaic County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map and list approved and adopted pursuant to this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this state and that, pursuant to state law, such map and list 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.
(5) 
The location of all school crossings in the Borough of North Haledon.
[Adopted 8-6-2014 by Ord. No. 19-2014]
A. 
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and 2C:35-7.1, a Drug-Free Zone Map dated June 4, 2014, and certified by the Borough Engineer is hereby approved and adopted as follows:[1]
(1) 
This map for the one-thousand-foot drug-free school zone is hereby approved and adopted as the official finding and record of the location of areas within the municipality of property which are used for school purposes and which are 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.
(2) 
This map is also hereby approved and adopted as the official finding and record of the location of areas within the municipality of property which are within 500 feet of real property comprising a public park or a public building as defined pursuant to N.J.S.A. 2C:35-7.1.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The map may be found on file in the office of the Borough Clerk.
A. 
The Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article shall 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, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopts a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of school property and drug-free zones.
B. 
The same Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article shall also constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of real property comprising a public park or a public building as defined under N.J.S.A. 2C:35-7.1 until such time, if any, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopts a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of real property comprising a public park or a public building and drug-free zones within 500 feet thereof.
The school board, or chief administrative officer in the case of any private or parochial school, or Borough Administrator, as the case may be, is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and Chief of Police of any changes, or contemplated changes, in the location and boundaries of any property owned or leased by their school(s) or the Borough, as applicable.
The Borough Clerk is hereby directed to receive and keep on file the original certified Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article and to provide at a reasonable cost, or as defined pursuant to the Open Public Records Act, 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, the office of the Passaic County Prosecutor, the Municipal Prosecutor, and the Borough's Police Department.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the Drug-Free Zone Map approved and adopted pursuant to § 263-7 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 any schools within the municipality;
(2) 
The boundaries of 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;
(5) 
The location of public parks and public buildings within the municipality as defined by N.J.S.A. 2C:35-7.1;
(6) 
The boundaries of real property which is owned by or leased or used as public parks and public buildings; and
(7) 
The location and boundaries of areas which are on or within 500 feet of 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 school property was owned by, or leased to, a school or school board and was being used for school purposes at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article.
C. 
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 public parks and public buildings was owned by, or leased to, a state, county or local government or agency or instrumentality thereof at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article.
D. 
Pursuant to the provisions of N.J.S.A. 2C:35-7 and 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 the statute, including the use of a map or diagram other than the one approved and adopted pursuant to § 263-7 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, or meeting the definitions of a "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 properties are not owned, leased or used by the entities or for the purposes described.
E. 
All the provisions set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free Zone Map have been complied with.