Borough of Glassboro, NJ Chapter 231 Drug-Free Zones

[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro as indicated in article histories. Amendments noted where applicable.]

Article I Drug-Free School and Public Zones

[Adopted 8-25-1992 by Ord. No. 92-20; amended in its entirety 10-13-1998 by Ord. No. 98-23]

§ 231-1 Map adopted.

[Amended 8-25-2009 by Ord. No. 09-40]

In accordance with and pursuant to N.J.S.A. 2C:35-5, 2C:35-7 and 2C:35-7.1, the Borough and School Property 500 Feet and 1,000 Feet Boundary Limit Map, produced on or about July 9, 2008, by Sickels & Associates, Inc., is hereby approved and adopted as an official finding and record of the locations and areas within the municipality of the Borough of Glassboro of property which is used for school purposes and which is owned by or leased to any elementary or secondary schools or school board and of the areas on or within 1,000 feet of such properties and the official finding and record of the locations and areas within the municipality of the Borough of Glassboro of property which is used for public housing facilities, public parks, public recreational facilities or public buildings and of the areas on or within 500 feet of such public properties.

§ 231-2 Map to be official record of boundaries.

A. School zones. The Drug-Free Public and School Zone Map approved and adopted pursuant to § 231-1 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 Drug-Free School Zones.

B. Public zones. The Drug-Free Public and School Zone Map approved and adopted pursuant to § 231-1 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned by any public housing facility, public parks, public recreational facilities or public buildings 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 public housing facility, public parks, public recreational facilities or public buildings and drug-free public zones.

§ 231-3 Responsibility of school officials and public officials.

A. School officials. 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 Glassboro Engineer and the Borough of Glassboro Solicitor 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.

B. Public officials. The Public Housing Director or the chief administrator officer or the Borough Clerk or Borough Administrator in the case of any public housing facility, public parks, public recreational facilities or public building is hereby directed and shall have the continuing obligation to promptly notify the Borough of Glassboro Engineer and the Borough of Glassboro Solicitor of any changes or contemplated changes in the location and boundaries of any public housing facility, public parks, public recreational facilities or public buildings.

§ 231-4 Responsibility of Clerk.

The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 231-1 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 proved without cost to the County Clerk and to the office of the Gloucester County Prosecutor.

§ 231-5 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 § 231-1 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) School zones:

(a) The location of elementary and secondary schools within the Borough of Glassboro.

(b) The boundaries of the real property which is owned by or leased to such schools or school board.

(c) That such school property is and continues to be used for school purposes.

(d) The location and boundaries of areas which are on or within 1,000 feet of such school property.

(2) Public zones:

(a) The location of public housing facilities, public parks, public recreational facilities or public buildings.

(b) The boundaries of the real property or buildings which are public housing facilities, public parks, public recreational facilities or public buildings.

(c) That such public housing facilities, public parks, public recreational facilities or public buildings are and continue to be used for public purposes.

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

B. All of the property depicted on the map 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 L. 1987, c. 101 (N.J.S.A. 2C:35-7). All of the property depicted on the map approved and adopted herein as public housing facility, public parks, public recreational facilities or public buildings and was being used for such public purposes as of January 9, 1998, that being the effective date of L. 1997, c. 327, § 1 (N.J.S.A. 2C:35-7.1).

C. Pursuant to the provisions of L. 1988, c. 44,[1] a prosecutor is 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 map or diagram, other than the one approved and adopted pursuant to § 231-1 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, or used for or as a public housing facility, public parks, public recreational facilities 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 owned by or leased to a school or school board or that such property is not used for school purposes or use for or as a public housing facility, public parks, public recreational facilities or public building.

[1] Editor's Note: See N.J.S.A. 2C:35-7.

D. Compliance.

(1) All of the requirements set forth in L. 1988, c. 44, concerning the preparation, approval and adoption of a drug-free school zone map, have been complied with.

(2) All of the requirements set forth in L. 1988, c. 44, concerning the preparation, approval and adoption of a drug-free public zone map, have been complied with.