[HISTORY: Adopted by the Township Council of the Township of Washington
as indicated in article histories. Amendments noted where applicable.]
A.
Purpose. The maps approved and adopted pursuant to § 74-2 were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such maps shall constitute prima facie evidence of the following:
(1)
The location of elementary and secondary schools within
the Township.
(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.
Findings. Except as is otherwise expressly noted on the
face of the approved and adopted maps, all of the property depicted on the
maps 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 N.J.S.A. 2C:35-7.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
the drug free school zone maps produced on or about January 1988 by James
C. Anderson Associates, Inc., Township Engineer, are hereby approved and adopted
as an official finding and record of the location and areas within the Township
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 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 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 Township Clerk is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to § 74-2, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may 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 maps and of this chapter shall be provided without cost to the County Clerk and to the office of the Gloucester County Prosecutor.
Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 § 74-2. The failure of the maps 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.
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the
preparation, approval and adoption of drug free school zone maps have been
complied with.
