[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 4-1998 (Ch. 8.08 of the 1996 Municipal Code). Amendments noted where applicable.]
[Amended by Ord. No. 8-1999; Ord. No. 07-2003; 3-4-2008 by Ord. No. 05-2008]
The Common Council adopts as its official finding and record
of the location and boundaries of the area or areas owned by or leased
to any elementary or secondary school or school board, within 1,000
feet of such school property the Drug-Free Zone Map prepared by Environmental
Resolutions, Inc., dated June 30, 2005, and revised on November 20,
2007. The Common Council adopts as its official finding and record
of the location and boundaries of the area or areas on or within 500
feet of real property comprising a public housing facility, a public
park or a public building the Drug-Free Zone Map prepared by Environmental
Resolutions, Inc., dated June 30, 2005, and revised to November 20,
2007. In a prosecution pursuant to N.J.S.A. 2C:35-7 and 2C:35-7.1,
these maps shall, upon proper authentication, be admissible and shall
constitute prima facie evidence of the location and boundaries of
school property used for school purposes which is owned by or leased
to any elementary school or school board, or within 1,000 feet of
such school property or within 500 feet of a public housing facility
which is owned by or leased to a housing authority pursuant to the
Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., the
area in or within 500 feet of a public park, or the area in or within
500 feet of a public building. The Common Council may from time to
time change the Drug-Free Zone Maps.
For purposes of this chapter, the following terms are defined
as follows:
Any publicly owned or leased library or museum.
Any dwelling, complex of dwellings, accommodation, building,
structure or facility and real property of any nature appurtenant
thereto and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq., for the purpose of providing
living accommodations to persons of low income.
A park, recreation facility or area or playground owned or
controlled by a state, county or local government unit.
[Amended 3-4-2008 by Ord. No. 05-2008]
The Municipal Clerk shall keep on file the original of each
of the Drug-Free Zone Maps, or a true copy thereof, which shall be
maintained as the official record of the City. The Municipal Clerk
shall provide a true copy of each of the Drug-Free Zone Maps to the
Executive Director of the City of Burlington Housing Authority, to
the Superintendent of the City of Burlington School District, to the
chief administrator of each nonpublic elementary or secondary school,
to the Executive Director of the Burlington County Bridge Commission,
and to the executive director or person in charge of any public park
or public building located within the City, requesting that such person
notify the Municipal Clerk of any changes in the location and boundary
of any property which is included in either or both the Drug-Free
Zone Maps, or which should be included in either or both of the Drug-Free
Zone Maps.
[Amended 3-4-2008 by Ord. No. 05-2008]
Nothing in this chapter shall be construed to preclude the prosecution
from introducing or relying upon any other evidence or testimony to
establish any element of a violation of N.J.S.A. 2C:35-7 and 2C:35-7.1;
nor shall this chapter be construed to preclude the use or admissibility
of any map or diagram other than those which have been approved by
the Common Council, provided that the map or diagram is otherwise
admissible pursuant to the rules of evidence.
