Township of Marlboro, NJ Chapter 158 Drug-Free Zones

[HISTORY: Adopted by the Township Council of the Township of Marlboro as indicated in article histories. Amendments noted where applicable.]

Article I Drug-Free Zones

[Adopted 9-22-1988 by Ord. No. 50-88 (Ch. 10, Art. I, of the 1981 Code); amended in its entirety 5-24-2001 by Ord. No. 2001-8]

§ 158-1 Adoption of map.

[Amended 10-10-2013 by Ord. No. 2013-20]

In accordance with and pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7) and P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the map entitled "Drug Free Zones Township of Marlboro, Monmouth County, New Jersey,"[1] dated 09-27-2011 by D. Schick, Township Engineering Department, revised 09-02-2013 by C. Brady, Township, and signed by Dean Staknys, PE, Assistant Township Engineer, is hereby approved and adopted as an official finding and record depicting the location of the following areas within the municipality:

A. Any property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board;

B. All areas on or within 1,000 feet of any such school property referenced in Subsection A above;

C. Any property which is the site of a public housing facility, a public park or a public building, as defined in N.J.S.A. 2C:35-7.1; and

D. All areas on or within 500 feet of any public housing facility, any public park or any public building, as referenced in Subsection C above.

[1] Editor’s Note: The map is on file in the Township offices.

§ 158-2 Construal of map.

The Drug-Free Zone Map approved and adopted pursuant to § 158-1 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas referenced in § 158-1 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 such areas.

§ 158-3 Notice to municipality regarding school property.

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 Municipal Engineer and the Municipal 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.

§ 158-4 Availability of copies of map; distribution.

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 § 158-1 of this article 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 article shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.

§ 158-5 Additional declarations.

The following additional matters are hereby determined, declared, recited and stated:

A. It is understood that the map approved and adopted pursuant to § 158-1 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 all areas which are on or within 1,000 feet of such school property.

(5) The location and boundaries of all properties which are the sites of public housing facilities, public parks and public buildings within the municipality.

(6) That the properties referenced in Subsection A above are and continue to be used for the purposes of public housing facilities, public parks and/or public buildings.

(7) The location and boundaries of all areas which are on or within 500 feet of the properties referenced in Subsection A above.

B. Pursuant to the provisions of P.L. 1988, c. 44, and P.L. 1997, 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 § 158-1 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 the purposes referenced in this article, 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 or for any of the other public purposes referenced in this article.

C. All of the property depicted on the map approved and adopted herein as school property was owned by a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).

D. All of the property depicted on the map approved and adopted herein as the property of public housing facilities, public parks and public buildings was being used for such purposes as of January 9, 1998, that being the effective date of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1).

E. All of the requirements set forth in P.L. 1988, c. 44, and P.L. 1997, c. 327, concerning the preparation, approval and adoption of a Drug-Free Zone Map have been complied with.[1]

[1] Editor's Note: Former Art. II, Sex Offender Residency Prohibition, adopted 6-16-2005 by Ord. No. 2005-33 (Ch. 10, Art. II, of the 1981 Code), was repealed 9-10-2009 by Ord. No. 2009-27.