Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middle as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-1988 by Ord. No. 646-88]
In accordance with and pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on or about October 6, 1987, by Alvin C. Herman, Township Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality 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.
The Drug-Free School Zone Map approved and adopted pursuant to Section 125-1 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 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 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 Township Engineer and the Township Solicitor 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 Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 125-1 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 and to the office of the Cape May County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to Section 125-1 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.
B. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C. 
Pursuant to the provisions of P.L. 1988, c. 44,[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 Section 125-1 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.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.
D. 
All of the requirements set forth in P.L. 1988, c. 44,[2] concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[2]
Editor's Note: See N.J.S.A. 2C:35-7.
[Adopted 11-16-1998 by Ord. No. 1027-98]
[Amended 10-5-2015 by Ord. No. 1510-15]
Pursuant to N.J.S.A. 2C:35-1 et seq., the Township of Middle hereby adopts the following recreational drug-free zones:
A. 
Clarence Davies Sports Complex, located off the Goshen Road in Cape May Court House. This includes the entire property owned by the Township.
B. 
Cape May County 4H Fairgrounds, to include all adjoining property owned by both Middle Township and the County of Cape May, to include the bike path that connects the Goshen Complex to South Dennisville Road, Cape May Court House.
C. 
Cape May County Park (Central) located on U.S. Route 9, Cape May Court House; this includes all county-owned property on both the east and west sides of Route 9. This also includes the zoo and property that extends to South Dennisville Road.
D. 
County of Cape May Park (South) and recreational fields, located at 1101 Bayshore Road, Del Haven.
E. 
County of Cape May Park (East), located on Crest Haven Road, Cape May Court House.
F. 
Cape May County Historical Museum, 504 U.S. Route 9 North, Cape May Court House.
G. 
Township of Middle Samuel Devico Center, 23 Romney Place, Cape May Court House.
H. 
Cape May County Library, 30 West Mechanic Street, Cape May Court House.
I. 
Middle Township Board-of-Education-owned properties, including baseball fields located at 220 South Boyd Street, Cape May Court House (rear of Boyd and School Lane); also includes Memorial Field located at 101 West Pacific Avenue, Cape May Court House.
J. 
Township of Middle Goshen Historic Schoolhouse and Mini Park, located at 316 Route 47 North, Goshen.
K. 
Township of Middle, East Shellbay Avenue Gazebo and Picnic area located at the bay, otherwise known as "Carol Nicoletta Park - Shellbay Avenue Pier," 525 East Shellbay Avenue, Cape May Court House.
L. 
Township of Middle, Martin Luther King Recreation Center and adjoining recreation fields located on 207 West Main Street, Whitesboro.
M. 
Township of Middle, Rio Grande Recreation Park located on 11 North Railroad Avenue, Rio Grande.
N. 
Ockie Wisting Fort Apache Recreational Complex, 7 Fulling Mill Road, Rio Grande.
O. 
Middle Township Bike Path, all phases, including joining "connector phase" between Middle and Lower Townships.
P. 
Avalon Manor Fishing Pier, located along Avalon Boulevard, at the end of Old Avalon Boulevard, Avalon Manor [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
Q. 
Bidwell Jetty at Reeds Beach, located at 301 Beach Avenue, Cape May Court House [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
R. 
Norbury's Landing, located at Millman Avenue at the Delaware Bay, Del Haven [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
S. 
William "Pop" Belles, Jr. Memorial Park located at the southeast corner of the intersection of Routes 9 and 47, Block 1507, Lot 1.
T. 
County Special Services Pool, located on Crest Haven Road, Cape May Court House [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
U. 
Scotch Bonnet Fishing Bridge on Stone Harbor Boulevard [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
V. 
Cape May National Wildlife Refuge, Refuge headquarters: 24 Kimbles Beach Road, Cape May Court House [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
W. 
Songbird Trail, one-mile trail, part of which is universally accessible, starts on the north side of Kimbles Beach Road. This trail begins in the parking lot, extends to the edge of shrub/scrub habitat, winds through a forest segment with vernal pools and ends along Kimbles Beach Road [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
X. 
Woodcock Trail, end of Woodcock Lane, a residential road about 0.4 miles south of Kimbles Beach Road off of Route 47. This is a one-mile-long loop through grassland habitat. There are also side trails of 0.4 miles that extend through a forested section and end at a view of the Delaware Bay salt marsh [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
Y. 
Goshen Ponds, located off of Bucks Avenue [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
Z. 
Hand's Landing, located off of Kimbles Beach Road [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
AA. 
Lizard Tail Swamp Preserve, located off of Court House - Dennisville Road, Cape May Court House [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
BB. 
Diana Wintsch Preserve at Bidwell Creek (on west side of Dennisville-Court House Road) [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
CC. 
Lizard Tail Swamp Preserve, located on the east side of Dennisville-Court House Road [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
DD. 
Indian Trail Swamp Preserve, located on the south side of Indian Trail Road [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
EE. 
Sunray Beach Preserve, Sunray Road, Del Haven [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
FF. 
The Wetlands Institute, Stone Harbor Boulevard, Cape May Court House [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
GG. 
New Jersey Audubon's Cape May Bird Observatory, 600 Route 47 North, Goshen [as approved by the New Jersey Department of Environmental Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
HH. 
The entire coastline of Delaware Bay, inclusive of all beaches and beach areas, within the Township of Middle (together with all abutting beach access) is hereby listed as a public area included as a recreational drug-free zone. Said zone includes, but is not limited to, Sunray Beach, Highs Beach, Cooks Beach, Reeds Beach, Pierces Point, Kimbles Beach.
The drug-free zone will be deemed to constitute a five hundred-foot area surrounding each of the above described premises.