Borough of Eatontown, NJ Chapter 136 Drug-Free School Zones and Public Property

[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 9-14-1988 by Ord. No. 26-88; amended in its entirety 3-13-2002 by Ord. No. 01-2002. Subsequent amendments noted where applicable.]

§ 136-1 Map adopted.

A. 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 D.F.S.Z.M. produced on or about November 20, 1987, by Robert Stets of T & M Associates, the Borough of Eatontown Engineer, and approved and adopted by Borough Ordinance No. 26-88 is hereby amended with a new map prepared by Edward Broberg of T & M Associates, the Borough of Eatontown Engineer, dated February 12, 2002, which is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Eatontown 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.

B. In accordance with and pursuant to the authority of P.L. 1997, c. 327, Section 1 (N.J.S.A. 2C:35-7.1) the Drug-Free School Zone Map shall include and also be considered the Public Property Zone Map P.P.Z.M. produced on or about February 12, 2002, by Edward Broberg of T & M Associates, the Borough of Eatontown Engineer, and is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Eatontown of property which is used as a public housing facility, public park or a public building and of areas on or within 500 feet of such public property.

§ 136-2 Official finding and record.

The Drug-Free School Zone Map D.F.S.Z.M. and the Public Property Zone Map approved and adopted and amended pursuant to § 136-1 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 Boards and drug-free school zones. The same map aforesaid shall also constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property comprising a public housing facility, a public park or a public building 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.

§ 136-3 Notification of changes.

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 of Eatontown's Engineer and the Borough of Eatontown's 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. Likewise, the Borough Engineer in the case of public property shall have the continuing obligation to promptly notify the Mayor and Council of any changes or contemplated changes in the location and boundaries of any public property which would require an amendment to the Drug-Free School Zone Map and Public Property Map.

§ 136-4 Titled map on file; copies made available.

The Clerk of the Borough of Eatontown is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 136-1 of this chapter and any amended original maps and to provide at reasonable cost a true copy thereof to any person or agency or court which may, from time to time, request such a copy, along with a certification that each copy is a true copy of the map approved and adopted herein and kept on file and is hereby further directed that a true copy of such map or amended and this chapter as amended shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.

§ 136-5 Additional provisions.

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

A. It is understood that the map approved and adopted pursuant to § 136-1 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 Borough of Eatontown.

(2) The boundaries of the real property which is owned by or leased to such schools or School Boards.

(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 public housing facilities, public parks and public buildings within the Borough of Eatontown.

(6) The boundaries of the real property which is owned or leased for the purposes of public property.

(7) That such public property is and continues to be used for public purposes.

(8) The location and boundaries of areas which are on or within 500 feet of such public property.

B. Except as is otherwise expressly noted on the face of the approved and adopted map or amended map, all the property depicted on the map approved and adopted herein as school property and public property was owned by or leased to a school or School Board or is utilized as public property and was being used for school purposes or public purposes as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7) and January 9, 1998, that being the effective date of P.L. 1997, c. 327, Section 1 (N.J.S.A. 2C:35-7.1) respectively and that by amendment the originally adopted map has been amended for both school purposes and public property purposes to depict both property owned or leased to a school or School Board and for school purposes and property being used for public purposes as of February 12, 2002, the date of the revised map.

C. Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1(e) the 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 § 136-1 of this chapter. Failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes or public purposes which is owned by or leased to any elementary or secondary school or School Board or is public property, whether the actions of such depiction is the result of inadvertent omission or the result of any changes in location and boundaries of such property which have not been incorporated into a revised approved map, shall not be deemed to be an official finding and record as such property is not owned by or leased to a school or a School Board, that such property is not used for school purposes or is not public property or that such property is not used for public purposes.

D. All the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free School Zone Map and N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a Public Property Map have been complied with.