[HISTORY: Adopted by the Township Committee of the Township of Franklin 9-26-1988
as Ord. No. 88-8. Amendments noted where applicable.]
In accordance with and pursuant to the authority of P.L. 1988, c. 44
(N.J.S.A. 2C:35-7), the Township of Franklin in the County of Warren establishes
and designates the Drug-Free School Zone Maps, designated as drawing numbers
2358-F, 2359-F, 2360-F, 2361-F and 2399-F dated January 1988 by H. Clay McEldowney,
Franklin Township Engineer, and the same are hereby approved and adopted as
an official finding and records of the location and areas within the municipality
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 Drug-Free School Zone Maps approved and adopted pursuant to § 69-1 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 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 property and Drug-Free School 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 Franklin Township Municipal Clerk, the Franklin
Township Municipal Engineer and the Franklin 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 Clerk of Franklin Township is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to § 69-1 of this chapter 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 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 Warren County Clerk and to the office of the Warren County Prosecutor.
The following additional matters are hereby determined, declared, recited
and provided as stated:
A.
It is understood that the maps approved and adopted pursuant to § 69-1 of this chapter 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 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; and
(4)
The location and boundaries of areas which are on or
within 1,000 feet of such school property.
B.
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 P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of P.L. 1988, c. 44, the state, by 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 ones approved and adopted pursuant to § 69-1 of this chapter. 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 an 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.
D.
All of the requirements set forth in P.L. 1988, c. 44,
concerning the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with.
