[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Schools — See Ch. 563.
[Adopted 4-17-1990 by Ord. No. 2310 (Ch. 99, Art. II, of the 1979 Code)]
In accordance with and pursuant to the authority and P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on or about March of 1990 by Carl Anlas, Municipal Engineer, is hereby approved and adopted as an official finding and record 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 Map approved and adopted pursuant to § 296-1 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.
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 Municipal Engineer and the Municipal 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 the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 296-1 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 provided without costs to the County Clerk and to the office of the Essex 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 § 296-1 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) 
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. 
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 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 provision of P.L. 1988, c. 44, 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 § 296-1 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, 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.
[Added 3-7-2000 by Ord. No. 2612]
A. 
In accordance with and pursuant to the authority of P.L. 1999, c. 185 (N.J.S.A. 2C:11-5, N.J.S.A. 2C:12-1, N.J.S.A. 39:3-40 and N.J.S.A. 39:4-50), the Drug-Free School Zone Map as referenced in § 296-1 of this article shall be adopted for purposes of prosecution of intoxicated drivers.
B. 
The following school crossings shall also be designated, as defined in N.J.S.A. 39:1-1, for purposes of prosecution of intoxicated drivers:
(1) 
Alexander Avenue and High Street.
(2) 
Bloomfield Avenue and Centre Street.
(3) 
Bloomfield Avenue and Chestnut Street.
(4) 
Bloomfield Avenue and Coeyman Avenue.
(5) 
Bloomfield Avenue and Harrison Street.
(6) 
Bloomfield Avenue and High Street.
(7) 
Bloomfield Avenue and Spring Garden Avenue.
(8) 
Brookfield Avenue and Yantacaw Place.
(9) 
Brookline Avenue and Harrison Street.
(10) 
Brown Street and Harrison Street.
(11) 
Centre Street and Prospect Street.
(12) 
Centre Street and St. Mary's Place.
(13) 
Chestnut Street and Prospect Street.
(14) 
Coeyman Avenue and Ridge Road.
(15) 
Edison Avenue and High Street.
(16) 
Edison Avenue and Kingsland Street.
(17) 
Franklin Avenue and Chestnut Street.
(18) 
Franklin Avenue and Harrison Street.
(19) 
Franklin Avenue and High Street.
(20) 
Franklin Avenue and Kingsland Street.
(21) 
Franklin Avenue and Yantacaw Place.
(22) 
Grant Avenue and Washington Avenue.
(23) 
Harrison Street and Spring Street.
(24) 
Harrison Street and Crestwood Avenue.
(25) 
North Spring Garden Avenue and Garden Place.
(26) 
Park Avenue and Lafayette Place.
(27) 
Park Avenue and Walnut Street.
(28) 
Park Avenue and Washington Avenue.
(29) 
Park Avenue and Weston Street.
(30) 
Passaic Avenue and Brookfield Avenue.
(31) 
Passaic Avenue and Chestnut Street.
(32) 
Passaic Avenue and Kingsland Street.
(33) 
Passaic Avenue and Rutgers Place.
(34) 
Passaic Avenue and Vreeland Avenue.
(35) 
Prospect Street and Harrison Street.
(36) 
Radcliffe School (Chestnut Street driveway).
(37) 
Ridge Road and Chestnut Street.
(38) 
South Spring Garden Avenue and School Lane.
(39) 
South Spring Garden Avenue and Garden Place.
(40) 
Union Avenue and Centre Street.
(41) 
Walnut Street and Grant Avenue.
(42) 
Washington Avenue and Centre Street.
(43) 
Washington Avenue and Walnut Street.
(44) 
Washington School (school playground).
(45) 
Yantacaw Place and Elm Place.
(46) 
Yantacaw School (school playground).
C. 
All of the requirements set forth in P.L. 1999, c. 185, concerning adoption of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes, which is owned by or leased to any elementary or secondary school or school board, and the designation of school crossings within the Township have been complied with.