[Derived from the 1969 Revised General Ordinances of the
Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94)]
A.
In accordance with and pursuant to N.J.S.A. 2C:35-7 et seq., the
Drug-Free School Zone Map produced on or about February 22, 1988,
by the Borough Engineer, CME Associates, is hereby approved and adopted
as an official finding and record of the location and areas within
the Borough of property which is used for school purposes and which
is owned by or leased to any elementary or secondary school or school
board, and of the areas on or within 1,000 feet of such school property.
B.
The Drug-Free School Zone Map approved and adopted pursuant to this
section 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 section shall be amended to reflect any additions
or deletions with respect to the location and boundaries of school
property and Drug-Free School Zones.
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 Borough Engineer
and the Borough 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.
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 82-1, and to provide at a reasonable cost a true copy thereof to any person, agency or court which, from time to time, may 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 the ordinance adopting the Drug-Free School Zone shall be provided, without cost, to the County Clerk and to the office of the Middlesex County Prosecutor.
The following matters are hereby determined, declared, recited
and stated:
A.
It is understood that the map approved and adopted 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 school within the Borough.
(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.
B.
All of the property depicted on the map was owned by or leased to
an elementary or secondary school or school board and was being used
for school purposes as of July 9, 1987, that being the effective date
of N.J.S.A. 2C:35-7.
C.
Pursuant to the provisions of N.J.S.A. 2C:35-7 et seq., 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. 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
or leased to a school or school board, or that such property is not
used for school purposes.
D.
All of the requirement set for in N.J.S.A. 2C:35-7 et seq., concerning
the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with.
