[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-13-1988 by Ord. No. 88-31]
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 in
October 1987 by Michael Disko, PE, Borough 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 § 16-1 of this article 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 reflect any additions or deletions with respect to the location and boundaries of school property and the Drug-Free School Zone.
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 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.
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 § 16-1 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 such map and of this article shall be provided without cost to the County Clerk and to the office of the Union 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 § 16-1 of this article 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 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 § 16-1 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 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, concerning the
preparation, approval and adoption of a Drug-Free School Zone Map
have been complied with.
[Adopted 3-22-2000 by Ord. No. 2000-3]
In accordance with and pursuant to the authority of P.L. 1999,
c. 185,[1] the following is a list of school crossings which have
been so designated by the Borough of Kenilworth:
A.
Boulevard
and North 19th Street.
B.
Michigan
and Clinton.
C.
Monroe
and North 20th Street.
D.
Monroe
and North 14th Street.
E.
Boulevard
and North 18th Street.
F.
Boulevard
and North 21st Street.
G.
Boulevard
and North 8th Street.
H.
Washington
and North 18th Street.
I.
Boulevard
and North 14th Street.
J.
Boulevard
and Coolidge Drive.
K.
Washington
and North 22nd Street.
L.
Monroe
and 17th Street.
[1]
Editor's Note: See N.J.S.A. 39:4-50.
The Drunk-Driving-Free School Zone Map which is hereby designated
as an overlay to the Drug-Free School Zone produced on or about October
1987 by Michael Disko, the Borough 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
on school land and of the areas on or within 1,000 feet of such school
property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Drunk-Driving-Free School Zone Map approved and adopted pursuant to § 16-7 of this article 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 reflect any additions or deletions with respect to the location and boundaries of school property and drunk-driving-free school zones. The list of school crossings designated above by the Mayor and Council shall continue to constitute an official finding and record of the location of school crossing zones within the Borough of Kenilworth until such time, if any, that this article shall be amended to reflect any additions with respect to school crossing zones in the Borough of Kenilworth.
The school board, or the chief administrative officer in case
of any private or parochial school, is hereby directed and shall have
the continuing obligation to promptly notify the office of 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 or of any additions or deletions to school
crossings.
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 16-7 of this article and the list of school crossings 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 list and of this article shall be provided without cost to the Union County Clerk and to the office of the Union County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map and list approved and adopted pursuant
to this article were prepared and are intended to be used as evidence
in prosecutions arising under the criminal and traffic laws of this
state and that, pursuant to state law, such map and list shall constitute
prima facie evidence of the following:
(1)
The location of elementary and secondary schools with 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 Kenilworth.
