[Adopted 8-3-2009 by Ord. No. 09-11]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7.1, the Township Map, with a Drug Free Park and Public Housing
Zone Detail Map annexed thereto (referred to as the "Drug Free Public
Property Zone Map"), produced on or about May 20, 2009, by Michael
J. McClelland, P.E., of CME Associates, consulting engineers for the
Township of North Brunswick, is hereby approved as an official finding
and record of the location and boundaries of the area or areas on
or within 500 feet of public housing facilities, public parks and/or
public buildings within the Township of North Brunswick, within the
definitions of same provided by N.J.S.A. 2C:35-7.1.
[1]
Editor's Note: Said map is on file in the office of the Township
Clerk.
The original of the Drug Free Public Property Zone Map approved and adopted pursuant to § 238-27 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property used for the purposes of public housing, public park(s) or public building(s) 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 such public property.
The Business Administrator of the Township is hereby directed
and shall have the continuing obligation to promptly notify the Township
of North Brunswick Engineer and the Township of North Brunswick Attorney
of any changes or contemplated changes in the location and boundaries
of any public property used for the purpose of a housing facility,
park or public building.
The Clerk of the Township of North Brunswick is hereby directed to receive and to keep on file the original of the Drug Free Public Property Zone Map approved and adopted pursuant to § 238-27 of this article and to provide, at a cost of $5 per map, 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 Drug Free Public Property Zone Map approved and adopted by § 238-27 herein and kept on file. It is hereby further directed that a true copy of such Drug Free Public Property Zone Map and of this article shall be provided without cost to the County Clerk and to the office of the Middlesex County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated for the purpose of this article:
A.
It is understood that the Drug Free Public Property Zone Map approved and adopted pursuant to § 238-27 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, each Drug Free Property Zone Map shall constitute prima facie evidence of the following:
(1)
The location of public housing facilities, public parks and public
buildings within the Township of North Brunswick;
(2)
The boundaries of the real property within the Township of North
Brunswick which is used for public housing, public parks or public
buildings;
(3)
That such public property as described herein is and continues to
be used for such public purposes; and
(4)
The location and boundaries of areas which are on or within 500 feet
of such public properties as described herein.
B.
Definitions.
(1)
PUBLIC BUILDING
PUBLIC HOUSING FACILITY
PUBLIC PARK
As used in this section:
Any publicly owned or leased facility, including a library
or museum.
Any dwelling, complex of dwellings, accommodation, building,
structure or facility and real property of any nature appurtenant
thereto and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq. for the purpose of providing
living accommodations to persons who qualify under established income
requirements.
A park, recreation facility or area or playground owned or
controlled by a state, county or local government.
C.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1 et seq., 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 Drug Free Public Property Zone Map approved and adopted pursuant to § 238-27 of this article. The failure of the Drug Free Public Property Zone Map approved and adopted by this article to depict the location and boundaries of any property which is, in fact, used for a public purpose, 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 Drug Free Public Property Zone 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 public purposes.
D.
All of the requirements set forth in N.J.S.A. 2C:35-7.1 et seq. concerning
the preparation, approval and adoption of a Drug Free Public Property
Zone Map have been complied with.
