[HISTORY: Adopted by the Township Council of the Township
of Clark as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 76.
[Derived from Sec. 3-2 of the 2002 Revised General Ordinances,
adopted 12-16-2002 by Ord. No. 02-27]
The purpose of this article is to assist in the prosecution
of violations of N.J.S.A. 2C:35-7, Distributing, dispensing or possessing
controlled dangerous substance or controlled substance analog on or
within 1,000 feet of school property, by adopting the Drug-Free School
Zone Map,[1] which map shall constitute prima facie evidence as to:
A.
The location of elementary and secondary schools within the Township.
B.
The boundaries of the property owned by or leased to the Township
Board of Education or any private or parochial elementary or secondary
school.
C.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
D.
The use of the property for school purposes.
[1]
Editor's Note: Said map is on file in the Township offices.
Pursuant to N.J.S.A. 2C:35-7, the Drug-Free School Zone Map
produced on or about January 18, 1987, by Anthony Tese, Township Engineer,
is hereby approved and adopted as the official finding and record
of the location and areas within the Township of property which is
used for school purposes and which is owned by, or leased to, the
Board of Education or a private or parochial elementary or secondary
school and of the areas on or within 1,000 feet of such school property.
The Drug-Free School Zone Map may be changed from time to time by
the Township Council to reflect any additions or deletions with respect
to the location and boundaries of school property and the drug-free
school zones.
The Board of Education or the chief administrative officer of any private or parochial elementary or secondary school shall have the continuing obligation to promptly notify the Township Clerk, Township Engineer and Township Attorney of any changes in the location and boundary of any property which is subject to the provisions of § 135-2.
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 135-2 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 Union County Prosecutor.
A.
Nothing in this article 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, nor shall
this article be construed to preclude the use or admissibility of
any map or diagram other than one which has been approved by the Township
Council, provided that the map or diagram is otherwise admissible
pursuant to the rules of evidence.
B.
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, 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.
[Adopted by Ord. No. 00-12 (Sec. 3-3 of the 2002 Revised General Ordinances)]
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 Township of Clark (the "list"):
A.
Broadway and Prospect Street.
B.
Broadway and Liberty Street.
C.
Fairview Road and Mildred Terrace.
D.
Lake Avenue and Oak Ridge Road.
E.
Madison Hill Road and Mildred Terrace.
F.
Madison Hill Road and Rainbow Drive (St. Agnes).
G.
Madison Hill Road and Raritan Road.
H.
Meadow Road behind Hehnly School.
I.
Oak Ridge Road and Raritan Road (Zion).
J.
Raritan Road at Hehnly School.
K.
Valley Road and Liberty Street.
L.
Valley Road and Ridgeview Terrace (St. John's).
M.
Valley Road and Ross Street.
N.
Westfield Avenue and Kathryn Street.
O.
Westfield Avenue and Dawn Drive (ALJ Driveway).
P.
Westfield Avenue and Wilson Drive.
[1]
Editor's Note: See N.J.S.A. 39:4-50.
The Drunk-Driving-Free School Zones Map[1](the "map") produced on or about June 19, 2000, by Harry
Applegate, the Township 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: Said map is on file in the Township offices.
The map, approved and adopted pursuant to § 135-7, 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 Township Council shall continue to constitute an official finding and record of the location of school crossing zones within the Township 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 Township.
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
Township Engineer and the Township 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 Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 135-7 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 and this article shall be provided without cost to the Union County Clerk and to the office of the Union 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 were 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 Township of Clark.
