Borough of Paulsboro, NJ Article I Drug-Free Zone Map

[Adopted 10-4-1988 by Ord. No. 0.4.88; amended in its entirety 6-1-2004 by Ord. No. 07.04]

§ 29-1 Adoption of official map.

In accordance with, and pursuant to, the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the "Drug-Free Zone Map" produced in or about May 2004, by Paulsboro Engineer/Mapping Services Provider Remington & Vernick Engineers, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of public housing facilities, public parks, public buildings, and of the areas on or within 500 feet of said properties, as well as property which is owned by, or leased to, any elementary or secondary school or school board and used for school purposes, and of the areas on or within 1,000 feet of said school property, which shall hereby be designated as "drug free."

§ 29-2 Official use until amended.

The Drug-Free School Zone, Public Housing Facility, Public Park and Public Building Map shall herein be known as the "Drug-Free Zone Map," and shall be approved and adopted pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, and shall continue to constitute an official finding and record as to the location and boundaries of areas designated as "drug free" on or within 1,000 feet of property which is owned by or leased to any elementary or secondary school or school board and used for school purposes, and on or within 500 feet of property which is owned by, leased to, or used as any public housing authority, public park, or other public building, until such time, if any, that this ordinance shall be amended to reflect any additions or deletions with regard to the location and boundaries of said public housing facilities, public parks, public buildings, elementary school, secondary school or school board property used for school purposes, and the corresponding zones designated as drug free in accordance with § 29-1.

§ 29-3 Responsibility for notification of boundary changes.

The appropriate authority of any and all public housing facilities, public parks or public buildings is hereby directed and shall have continuing obligation to promptly notify the Paulsboro Engineer/Mapping Services Provider and the Paulsboro Solicitor of any changes or contemplated changes in the location or boundaries of said public housing facilities, public parks or public buildings. The School Board or, in the case of any private or parochial school, the Chief Administrative Officer of same, is hereby directed and shall have continuing obligation to promptly notify the Paulsboro Engineer/Mapping Services Provider and the Paulsboro Solicitor of any changes or contemplated changes in the location or boundaries of any property owned by, or leased to, any elementary school, secondary school or school board which is used for school purposes.

§ 29-4 Availability of drug-free zone map.

The Municipal Clerk is hereby directed to receive and keep on file an eleven-inch-by-seventeen-inch color copy of the Drug-Free Zone Map, approved and adopted pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, and to provide, at reasonable cost, a true copy of said map to any person, agency or court which may, from time to time, request it. It is further directed that a true copy of said map and of this ordinance adopting same shall be provided without cost to the Gloucester County Clerk and the Office of the Gloucester County Prosecutor.

§ 29-5 Map as evidence in prosecution.

The following additional matters are hereby determined, declared and recited:

A. It is understood that the map approved and adopted pursuant to § 29-1 of this ordinance 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 maps shall constitute prima facie evidence of the following:

(1) The location of elementary schools, secondary schools, school board property used for school purposes, public housing facilities, public parks, and public buildings.

(2) The boundaries of the real property that is owned by or leased to such entities or facilities.

(3) That such real property is and continues to be used for the purposes stated.

(4) The location and boundaries of areas which are on or within 1,000 feet of such school property and 500 feet of such other public property.

B. Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as public property was owned by or leased to a public entity and was being used to advance the purposes of such entity as of October 27, 1999, the preparation date of the map.

C. A prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense to find in that statute, including use of a map or diagram other than the one approved and adopted pursuant to § 29-1 of this chapter. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public purposes and which is owned by or leased to any public entity, 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 public entity or that such property is not used to advance the purposes of such public entities.

D. The Borough of Paulsboro has complied with all of the requirements set forth in N.J.S.A. 2C:35-7 and 2C:35-7.1 concerning the preparation, approval, and adoption of a Drug-Free Zone Map.

§ 29-6 Official date.

This ordinance shall take effect 20 days following final passage and publication, according to the law.