[HISTORY: Adopted by the Township Committee of the Township of Harmony 4-6-2004 by Ord. No. 04-4. Amendments noted where applicable.]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and 2C:35-7.1, there is hereby established a map entitled "Drug-Free School Zone Harmony Township, Warren County, New Jersey, dated 2/9/04," which is hereby approved and adopted as the official finding and record of the locations within the municipality of property used for school purposes located within the Township of Harmony, which is owned by or leased to any elementary or secondary school or school board. Said map shall be filed with the Township Clerk as the official map adopted pursuant to the aforementioned statute.
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 municipality 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 which is used for school purposes.
The following additional matters are hereby determined, declared, recited and stated:
It is understood that the map approved and adopted pursuant to § 17-1 of this chapter was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state pursuant to N.J.S.A. 2C:35-7 and 2C:35-7.1. It is understood that the map may be used as evidence in prosecutions arising under said criminal laws and that, pursuant to state law, such map shall constitute prima facie evidence of the following:
The location of elementary and secondary schools within the municipality.
The boundaries of the real property which is owned by or leased to such schools or school board.
That such school property is and continues to be used for school purposes.
The location and boundaries or areas which are on or within 1,000 feet of such school property.
The location of public housing facilities within the Township of Harmony.
The boundaries of areas which are on or within 500 feet of such public housing facilities.
Nothing herein shall effect any previous violations of law which were committed during the existence of any previous map adopted pursuant to this chapter.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at any Township workplace, and any employee of the Township adjudged to have violated this prohibition shall be subject to major disciplinary action.
As used in this chapter, the following terms shall have the meanings indicated:
- The department, division or other unit of a person responsible for the performance under the contract.
- CONTROLLED SUBSTANCE
- A controlled substance in Schedules I through V of § 812 of Title 21.
- A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
- CRIMINAL DRUG STATUTE
- A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
- DRUG-FREE WORKPLACE
- A site for the performance of work done in connection with any Township function or a specific grant or contract as described in Title 41, § 701 or 702, of an entity at which employees of such entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in accordance with the requirements of this Act.
- All Township employees or the employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract described in Title 41, § 701 or 702.
- FEDERAL AGENCY
- An agency as that term is defined in Title 5, § 552(f).
- The department, division or other unit of a person responsible for the performance under the grant.
The Business Administrator shall be responsible for establishing a drug-free awareness program to inform the employees about:
The Business Administrator shall be responsible for establishing procedures to ensure that each employee be given a copy of this policy.
As a condition of employment, all Township employees must:
The Business Administrator shall be responsible for notifying the appropriate federal grant agencies within 10 days after receiving notice by a Township employee of any criminal drug statute conviction for a violation occurring in the workplace.
The Mayor shall take major disciplinary action against any employee with a criminal drug statute conviction for a violation occurring in the workplace. The Mayor may require the satisfactory participation in a drug abuse assistance or rehabilitation program as part of the disciplinary action.
The Township hereby declares its intentions to maintain a drug-free workplace through the implementation of this policy.