[HISTORY: Adopted by the Common Council of the City of Egg Harbor City 7-23-1998 by Ord. No. 14-1998. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any individual, corporation, government agency or other entity.
- PUBLIC BUILDING
- Any publicly owned or leased library or museum.
- PUBLIC HOUSING FACILITY
- Any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith which is owned or leased to a local housing authority in accordance with the Local Redevelopment and Housing Law, P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), for the purpose of providing living accommodations to persons of low income.
- PUBLIC PARK
- A recreational facility or area or playground owned and/or controlled by a state, county or local government unit.
[Amended 1-26-2012 by Ord. No. 3-2012]
In accordance with and pursuant to the authority of P.L. 1997, c. 327 (N.J.S.A. 2C:35-5), the Drug-Free Zone Map produced in September 2011 by the City Engineer is hereby approved and adopted as an official finding and record of the location and areas within the City of Egg Harbor of property which comprises schools (of areas on or within a one-thousand-foot perimeter around such school property), public park/playground recreation site (of areas on or within 500 feet around such property) or a public building (of the areas on or within a five-hundred-foot perimeter of such property).
The Drug-Free Zone Map approved and adopted pursuant to § 131-2 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property comprising public housing facilities, public parks or public buildings 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 such property and drug-free zones.
Any person owning or exercising control over any public housing facility, public park or public building is hereby directed and shall have the continuing obligation to promptly notify the City Engineer and the City Solicitor of any changes or contemplated changes in the location and boundaries of any property affected by this chapter.
The City Clerk is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to § 131-2 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 shall be provided without cost to the Atlantic County Clerk and the office of the Atlantic County Prosecutor.
It is understood that the Map approved and adopted pursuant to § 131-2 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:
The location of public housing facilities, public parks and public buildings within the City of Egg Harbor City.
The boundaries of real property which is owned by or leased to such public housing facilities, public parks or public buildings.
That such property is and continues to be used for its designated purpose.
The location and boundaries of areas which are on or within 500 feet of such property.
Nothing in this chapter shall be construed to preclude a prosecutor from introducing or relying upon any other evidence or testimony to establish any element of an offense; nor shall this chapter be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the Common Council of the City of Egg Harbor City, provided that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence. The failure of the Map approved herein to depict the location and boundaries of any property which is, in fact, a public housing facility, public park or public building, 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 used for a purpose which is subject to this chapter.
All of the requirements set forth in P.L. 1997, c. 327 (N.J.S.A. 2C:35-5), concerning the preparation, approval and adoption of a drug-free zone map have been complied with.