[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
In accordance with and pursuant to the authority of P.L. 1988, c. 44
(N.J.S.A. 2C:35-7), and P.L. 1999, c. 185, the Drug-Free School Zone Map produced
on or about December 7, 1995, and as amended on April 3, 2000, by Michael
F. O'Donnell, P.E., Borough Engineer of the Borough of Lavallette, is
hereby approved and adopted as an official finding and record of the location
and areas within the municipality of property which are used for school purposes
and which are 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,
and of the locations of designated school crossings.
The drug-free school zone approved and adopted pursuant to § 23-1 of this chapter 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, and as to the designation of school crossings, 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 school property, school crossings 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 Engineer and Attorney of any property owned
by or leased by any elementary or secondary school or school board and which
is used for school purposes.
The Clerk of the Borough is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 23-1 of this chapter 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 chapter shall be provided without cost to the County Clerk of Ocean County and to the office of the Ocean County Prosecutor.
In accordance with and pursuant to P.L. 1999, c. 185, the following
is an official designation of school crossings as defined within N.J.S.A.
39:1-1 within the Borough of Lavallette:
A.
The intersection of Grand Central Avenue (State Highway
Route 35 North) and Washington Avenue.
B.
The intersection of Anna O Hankins Boulevard (State Highway
Route 35 South) and Washington Avenue.
C.
The intersection of Baltimore Avenue and Washington Avenue.
D.
The intersection of Bay Boulevard and Washington Avenue.
The following additional matters are hereby determined, declared, recited
and stated:
A.
It is understood that the map approved and adopted pursuant to § 23-1 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:
(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 Borough of
Lavallette.
B.
All of the property depicted on the map approved and
adopted herein as school property was owned by a school or school board and
was being used for school purposes as of July 9, 1987, that being the effective
date of L. 1987. c. 101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of L. 1988, c. 44 (N.J.S.A. 2C:35-7), a prosecutor is not precluded from introducing or relying upon any other evidence of 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 § 23-1 of this chapter. 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.
D.
All requirements set forth in L. 1988, c. 44 (N.J.S.A.
2C:35-7) concerning the preparation, approval and adoption of a Drug-Free
School Zone Map have been complied with.
The drug-free school zone and map as approved and adopted under this
chapter shall constitute an official finding and record for the purpose of
P.L. 1999, c. 185.
