[Prior code § 27-1; amended by Ord. 98-8 § 1, 1998]
In this chapter:
Any publicly-owned or leased library or museum.
One which is owned or leased to a local housing authority.
A recreation facility or area or playground owned by a state,
county or local government.
[Prior code § 27-2; amended by Ord. 98-8 § 1, 1998]
In accordance with and pursuant to the authority of Drug Statute (2C:35-1 et seq.), the drug-free public property zone map produced on or about April 14, 1998 by Owen, Little and Associates, the municipal engineer, is approved and adopted as an official finding and record of the location and areas within the municipality of real public property comprising any public housing facility, public park or public building which is used for public purposes as defined in Section 9.08.010 of this chapter, and of the areas on or within 500 feet of such real public property.
[Prior code § 27-3; amended by Ord. 98-8 § 1, 1998]
The drug-free public property zone map approved and adopted pursuant to Section 9.08.020 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public property as defined in Section 9.08.010, which is used for public purposes 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 public property and drug-free public property zones.
[Prior code § 27-4; amended by Ord. 98-8 § 1, 1998]
The chief administrative officer of any public housing facility, public building or public park, is directed and shall have the continuing obligation to promptly notify the municipal engineer and the municipal solicitor of any changes or contemplated changes in the location and boundaries of any real public property as defined in Section 9.08.020.
[Prior code § 27-5; amended by Ord. 98-8 § 1, 1998]
The clerk of the municipality is directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 9.08.020 and to provide at a reasonable cost a true copy to any person, agency or court which may from time to time request such copy, along with a certification that such copy is a true copy of the map approved and adopted in this chapter and kept on file. It is further directed that a true copy of such map and of this chapter shall be provided without cost to the clerk of Ocean County and to the office of the Ocean County prosecutor.
[Prior code § 27-6; amended by Ord. 98-8 § 1, 1998]
The following additional matters are determined, declared, recited
and stated:
A.
It is understood that the map approved and adopted pursuant to Section 9.08.020 of this chapter 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:
B.
All of the property depicted on the map and approved and adopted
in this chapter as real public property was being used for public
purposes as of January 9, 1998, that being the effective date of Drug
Statute 2C:35-1 et seq.
C.
Pursuant to the provisions of Drug Statute 2C:35-5, 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 pursuant to Section 9.08.020 of this chapter. The failure of the map approved in this chapter to depict the location and boundaries of any property which is, in fact, used for public purposes, 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 public property or used for public purposes.
D.
All of the requirements set forth in Drug Statute 2C:35-1 et seq.
concerning the preparation, approval and adoption of a drug-free public
property zone map have been complied with.
