[HISTORY: Adopted by the Township Committee of the Township of Elk
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-5-1990]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
the Drug-Free School Zone Map produced on or about June 1990 by Sickels &
Masteller, Inc., is hereby approved and adopted as an official finding and
record of the location within the municipality of property which is used for
school purposes and which is owned by any elementary 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 § 62-1 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 any elementary 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 Township of Elk Engineer and the Township
of Elk Solicitor 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 Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 62-1 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 cost to the County Clerk and to the office of the Gloucester 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 § 62-1 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 Township of Elk;
(2)
The boundaries of the real property which is owned by
or leased to such schools or 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.
All of the property depicted on the map approved and
adopted herein as school property was owned by a school or school board and
was being used for school purposes as of July 9, 1987, that being the effective
date of L.1987, c.101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of L.1988, c.44, a prosecutor is 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 map or diagram other than the one approved an adopted pursuant to § 62-1 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 L.1988, c.44 concerning
the preparation, approval and adoption of a drug-free school zone map have
been complied with.
[Adopted 12-6-2001 by Ord.
No. O-01-16]
The Drug-Free Park and Public Housing Facility Force Zones Map produced
on or about November 2, 2001, by James F. Sickels, Jr., of Sickels and Associates,
the Township Engineers, is hereby approved and adopted as an official finding
and record of the location and areas within the municipality or within 500
feet of property which is used for purposes of park and public housing.
The Drug-Free Park and Public Housing Facility Force Zones Map approved and adopted pursuant to § 62-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public park or public housing facilities.
The Township Clerk is hereby directed and shall have the continuing
obligation to promptly notify the office of the Township Engineer and the
Township Attorney of any changes or contemplated changes in the location and
boundaries of any property used for public park or public housing facility.
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 62-6 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 list of this article shall be provided without cost to the Gloucester County Clerk and to the office of the Gloucester County Prosecutor.
The following additional matters are hereby determined, declared, recited
and stated:
A.
It is understood that the map and list approved and adopted
pursuant to this article was prepared and is intended to be used as evidence
in prosecutions arising under the criminal and traffic laws of this state
and that, pursuant to state law, such map and list shall constitute prima
facie evidence of the following:
