[Adopted 9-27-1988 by Ord. No. 1988-20-9]
A.
In accordance with authority granted pursuant to N.J.S.A.
2C:35-7 and N.J.S.A. 2C:35-7.1, the map prepared by Richard A. Alaimo
Associates, captioned "Drug-Free School and Public Facility Zone Map,"
dated January 20, 2005, is hereby approved as the official finding
and record of the location and boundaries within the Township of Hainesport
of the area on or within 1,000 feet of school property and of the
area on or within 500 feet of public housing facilities, parks and
buildings, as designated thereon.
[Amended 4-25-1995 by Ord. No. 1995-5-4; 8-23-2005 by Ord. No. 2005-13-7]
B.
The Drug-Free School Zone Map approved and adopted pursuant to Subsection A of this section 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.
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 notify the Municipal Engineer
of any 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 map approved and adopted pursuant to § 77-1A 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 provided without cost to the Clerk of Burlington County and to the office of the Burlington 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 § 77-1A 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)
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.
B.
As of the date of this revised map, January 20, 2005,
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 and all of the property
depicted thereon as public parks and buildings was owned or controlled
by a state, county or local governmental unit and was being used for
such purposes.
[Amended 8-23-2005 by Ord. No. 2005-13-7]
C.
Pursuant to the provisions of L. 1988, c. 44,[1] 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 § 77-1A 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, whether the absence of such depiction is the result of an 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.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.
