[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown 3-28-2005 by Ord. No. 2005-6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
152, Drugs and Drug Paraphernalia, Art. I, Drug-Free School Zone Map,
adopted 1-23-1989 by Ord. No. 1988-20.
The Drug-Free Zone Map produced on February 11, 2005, by BCM
Engineers, is hereby approved and adopted as an official finding and
record of the location and boundaries of the area or areas on or within
1,000 feet of school property, as owned or leased to any elementary
or secondary school or school board; and the map also depicts the
area or areas on or within 500 feet of public parks and/or public
buildings within the City of Bordentown, within the definitions of
N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1.
The Drug-Free Zone Map approved and adopted pursuant to § 152-1 of this chapter 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 or areas on or within 500 feet of public parks and/or public buildings within the City of Bordentown, 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 school property, public parks and/or public buildings and drug free zones.
The Superintendent of Schools of Bordentown Regional Board of
Education, or the chief administrative officer in the case of any
private or parochial school, and the City Clerk for the public parks
or public library, are hereby directed and shall have the continuing
obligation to promptly notify the City Engineer and the City Solicitor
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 for schooling use, or City public parks or
public buildings.
A.
It is understood that the map approved and adopted pursuant to § 152-1 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:
(1)
The location of elementary and secondary schools and public parks
and/or public buildings within the City of Bordentown.
(2)
The boundaries of the real property of public parks and/or public
buildings and real property owned by or leased to a school or a school
board.
(3)
School property and public parks and/or public buildings are and
continue to be used for their intended uses.
(4)
The location 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.
B.
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 of 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 § 152-1 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 and which is owned by or leased to any elementary or secondary school or school board, or public park or pubic 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 by or leased to 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 building.
