Borough of Madison, NJ Drug-Free Zones

In accordance with and pursuant to N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44, the Drug-Free School Zone Map, consisting of a single sheet prepared by the Madison Borough Engineer, dated November 8, 2004, (most recent revision), is hereby approved and adopted as an official finding and record of the location and boundaries of the areas within the Borough of Madison on or within 1,000 feet of any property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board.

§ 91-2 Maps to continue in effect.

The Drug-Free School Zone Maps approved and adopted pursuant to § 91-1 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 approve amended Drug-Free School Zone Maps to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.

§ 91-3 Notification of changes in school property.

The School Board or the Chief Administrative officer in the case of any private or parochial elementary or secondary 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.

§ 91-4 Copies of maps on file.

The Borough Clerk is hereby directed to receive and to keep on file as an official record the originals of the Drug-Free School Zone Maps approved and adopted pursuant to § 91-1 of this article 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 each such map and of the ordinance enacting this article shall be provided without cost to the Morris County Clerk and to the Office of the Morris County Prosecutor.

§ 91-5 Additional provisions.

The following additional matters are hereby determined, declared, recited and stated:

The maps approved and adopted pursuant to § 91-1 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state, and, pursuant to N.J.S.A. 2C:35-7, these maps shall constitute prima facie evidence of the following:

(1)

The location of elementary and secondary schools within the Borough of Madison.

(2)

The boundaries of the real property which is owned by or leased to such schools or a school board.

(3)

That each 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 each such school property.

All of the property depicted on the maps approved and adopted herein as school property 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.

Pursuant to the provisions of N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44, 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 ones approved and adopted pursuant to § 91-1 of this article. The failure of any 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 an elementary or secondary school or school board or that such property is not used for school purposes.

All of the requirements set forth in N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44, concerning the preparation, approval and adoption of Drug-Free School Zone Maps have been complied with.

Article II Drug-Free Public Area Zones

[Adopted 10-26-1998 by Ord. No. 37-98]

§ 91-6 Map.

[Amended 12-13-2004 by Ord. No. 55-2004]

In accordance with and pursuant to the authority of P.L. 1997 c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Public Area Map, consisting of a single sheet prepared by the Madison Borough Engineer, dated November 8, 2004, (most recent revision), approved by the Borough Police Department, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Madison of property which is utilized as public housing facilities, public parks and public buildings, owned, leased or controlled by the Borough of Madison or the Madison Housing Authority, and of the areas on or within 500 feet of said properties.

§ 91-7 Map to continue in effect.

The Drug-Free Public Area Map approved and adopted pursuant to § 91-6 of this article shall continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of the real estate comprising public housing facilities, public parks and public buildings owned, leased or controlled by the Borough of Madison or the Madison Housing Authority 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 the public housing facilities, public parks and/or public buildings and drug-free public areas within the Borough of Madison.

§ 91-8 Copies of map on file.

The Borough Clerk is directed to receive and to keep on file the original of the Drug Free Public Areas Map approved and adopted pursuant to § 91-6 of this article and to provide at 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 Morris County Clerk and the office of the Morris County Prosecutor.

§ 91-9 Additional provisions.

The following matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to § 91-6 of this article was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of the State of New Jersey, and that pursuant to state law, such map shall constitute prima facie evidence of the following:

(1)

The location of public housing facilities, public parks and public buildings owned, leased or controlled by the Borough of Madison or the Madison Housing Authority.

(2)

The boundaries of the real property which is utilized in connection with public housing facilities, public parks and public buildings owned, leased or controlled by the Borough of Madison or the Madison Housing Authority.

(3)

That such property continues to be used as public housing facilities, public parks and/or public buildings.

(4)

The location and boundaries of areas which are on or within 500 feet of such public housing facilities, public parks and public buildings.

Except as is otherwise expressly noted on the face of the approved map, all of the property depicted on the map as drug-free public area was owned, leased or controlled by the Borough of Madison or the Madison Housing Authority and was being used for public housing facilities, public parks and/or public buildings as of January 9, 1998, that being the effective date of P.L. 1997, c. 327 (N.J.S.A 2C:35-7.1).

Pursuant to the provisions of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), 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 § 91-6 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public housing facilities, public parks and/or public buildings and which is owned, leased or controlled by the Borough of Madison or the Madison Housing Authority, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the location and boundaries of such property which has 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 by the Borough of Madison or the Madison Housing Authority or that such property is not used for public housing facilities, public parks or public buildings.

All of the requirements of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1) concerning the preparation, approval and adoption of a drug-free public area map have been complied with.

§ 91-10 Severability.

If any article, section, subsection, paragraph, phrase or sentence of this article is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, said article, section, subsection, paragraph, phrase or sentence shall be deemed separable and shall not affect the validity of the remaining portions hereof.