[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of West Windsor as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-23-1989 by Ord. No. 89-06 (Sec.
3-16 of the Revised General Ordinances); amended
in its entirety 10-28-2019 by Ord.
No. 2019-30]
A.
In accordance with and pursuant to the authority of L. 1988, c. 44
(N.J.S.A. 2C:35 et seq.), the DWI/Drug-Free Zones Map produced by
West Windsor Township Engineer Francis Guzik, dated October 2019,
is 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; and is hereby approved and adopted
as an official finding and record of location and boundaries of the
area or areas on or within 500 feet of a public park, public building,
or public housing facility.[1]
[1]
Editor's Note: The Map is on file in the Township offices.
A.
The DWI/Drug-Free Zones Map approved and adopted pursuant to § 74-1 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 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 Drug-Free Zones.
B.
The DWI/Drug-Free Zones Map approved and adopted pursuant to § 74-1 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of a public park, public building, or public housing facility which is used for public 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 public property and DWI/Drug-Free 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 Attorney of any changes or contemplated changes in
the location and boundaries of any property owned or leased to any
elementary or secondary school or school board and which is used for
school purposes.
The Clerk is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to § 74-1 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. 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 Mercer 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 § 74-1 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.
(5)
The location and boundaries of those areas in or within 500 feet
of a public park, public building or public housing facility pursuant
to N.J.S.A. 2C:35-71.
B.
Pursuant
to N.J.S.A. 2C:35-7.1, nothing in this section shall be construed
to preclude the prosecution from introducing or relying upon any other
evidence or testimony to establish any element of this offense.
