[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
as amended, the Drug-Free School Zone Map produced on or about December 1987,
by the Ocean County Engineering Department, Court House Annex, Toms River,
New Jersey, is hereby approved and adopted as an official finding and record
of the location and area within the borough property which is used for school
purposes and which is owned by the Elementary School Board, and of the areas
on or within 1,000 feet of such property.
The Drug-Free School Zone Map approved and adopted pursuant to § 82-1 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 by the Seaside Heights Elementary School which is used for school purposes until such time that this chapter is amended to reflect any additions or deletions with respect to the location and boundaries of the school property and Drug-Free School Zones.
The School Board is hereby directed and shall have the continuing obligation
to properly notify the Borough Engineer of any changes or contemplated changes
in the location and boundaries of any property owned by or leased to the Elementary
School and which is used for school purposes.
The Borough Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to § 82-1 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 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 chapter shall be provided without cost to the County Clerk and to the office of the Ocean County Prosecutor.
The following additional matters are hereby determined, declared, recited
and stated:
A.Â
It is understood that the map approved and adopted pursuant to § 82-1 of this chapter 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)Â
The location of the Elementary School within the municipality;
(2)Â
The boundaries of the real property which is owned by
the school or School Board;
(3)Â
That such school property is and continues to be used
for school purposes; and
(4)Â
The location and boundaries of areas which are on or
within 1,000 feet of such school property.
B.Â
Pursuant to the provisions of N.J.S.A. 2C:35-7, as amended, 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 § 82-1 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 school purposes and which is owned by or leased to any elementary 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.
C.Â
All of the requirements set forth in N.J.S.A. 2C:35-7,
as amended, concerning the preparation, approval and adoption of a Drug-Free
School Zone Map have been complied with.
