City of Camden, NJ Chapter 847 Weapons-Free Zones

[HISTORY: Adopted by the City Council of the City of Camden 9-14-2006 by Ord. No. MC-4209 (Ch. 568 of the 1987 Code). Amendments noted where applicable.]

§ 847-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

WEAPON

Anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to:

A. All firearms, even though not loaded or lacking a clip or other component to render them immediately operable;

B. Components which can be readily assembled into a weapon;

C. Gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and

D. Stun guns; and

E. Any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

§ 847-2 Weapons-free zones established; restrictions; map.

In addition to, but not in conflict with, the restrictions and penalties imposed under N.J.S.A. 2C:39-5 (Unlawful possession of weapons) and other applicable provisions of law, the following additional restrictions and penalties shall be applicable within the corporate boundaries of the City of Camden:

A. No person shall:

[Amended 7-12-2011 by Ord. No. MC-4625]

(1) Knowingly have in his possession any weapon while in or within 1,000 feet from the outermost boundaries of buildings or grounds owned or leased by any:

(a) School, college, university or other educational institution and used for school purposes; or

(b) Library, museum, day-care center, park, playground, or public housing facility; and

(2) Possesses that weapon in violation of any law of this state.

B. It shall not be a defense to a prosecution for a violation of this section that the actor was unaware that the prohibited possession took place while in or upon any part of the buildings of any school, college, university or other educational institution, library, museum, day-care center, park, playground, public housing facility; or within 1,000 feet from the aforesaid school property, library, museum, day-care center, park, playground, or public housing facility. It shall not be a defense to a prosecution under this section that no juveniles or students were present on the school property at the time of the offense or that the school was not in session.

[Amended 7-12-2011 by Ord. No. MC-4625]

C. In a prosecution under this section, a map produced or reproduced by the City Engineer for the purpose of depicting the location and boundaries of the buildings or grounds owned by or leased to any school, school board, college, university or other educational institution and used for school purposes, or library, museum, day-care center, park, playground, or public housing facility, or within 1,000 feet from the outermost boundaries of those buildings or grounds, or a true copy of such a map, shall be admissible upon proper authentication, and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the City has adopted a resolution or ordinance approving the map as the official finding and record of the location and boundaries of those areas. Any map approved pursuant to this section may be changed from time to time by the governing body of the City. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the Clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this subsection shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of the City, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

[Amended 7-12-2011 by Ord. No. MC-4625]

D. The provisions of this section shall not apply to any person who, in conformance with the provisions of N.J.S.A. 2C:39-6, N.J.S.A. 2C:58-4 or any other provisions of law, is permitted or authorized to possess a weapon.

E. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of other provisions of law concerning the unlawful possession of a weapon.

F. The map[1] attached to this chapter shall be incorporated by reference as the initial map that is to serve as the initial official finding and record of the location and boundaries of the City's weapons-free school zones, as required in Subsection C of this section.

[1] Editor's Note: Said map is on file in the City's offices.

§ 847-3 Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.