[HISTORY: Adopted by the Board of Commissioners of the Borough
of Longport 3-19-2008 by Ord. No. 2008-06. Amendments noted
where applicable.]
In accordance with and pursuant to the authority of P.L. 1988,
c. 44 (N.J.S.A. 2C:35-7), the Drug-Free Zone Maps prepared by Richard
L. Carter, P.E. Borough Engineer of the Borough of Longport are hereby
approved and adopted as an official finding and record of the location
and areas within the Borough of Longport of property which is used
for:
A.
School purposes and which is owned by the Board of Education of the
Borough of Longport or a private or parochial school and the areas
on or within 1,000 feet of such school property; and
B.
Public housing facility, public park and public building purposes
and which is owned by or leased by the Borough and of the areas on
or within 500 feet of such public housing facility, public park and
public building property.
The Drug-Free Zone Maps approved and adopted pursuant to § 84-1 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within:
A.
One thousand 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 chapter shall be amended to reflect
any additions or deletions with respect to the location and boundaries
of school property and drug-free school zones; and
B.
Five hundred feet of property which is used as a public housing facility,
public park and public building purposes and which is owned by or
leased by the Borough of Longport until such time, if any, that this
chapter shall be amended to reflect any additions or deletions with
respect to the location and boundaries of a public housing facility,
public park and public building and drug-free public housing facility,
public park and public building zones.
The Clerk of the Borough of Longport is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to § 84-1 of this chapter and to provide at a lawful 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 maps and of this chapter shall be provided without cost to the County Clerk of Atlantic County and to the offices of the Municipal and County Prosecutors.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the maps approved and adopted pursuant to § 84-1 of this chapter were prepared and are 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 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)
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.
(5)
The boundaries of all public housing facilities, public parks and
public buildings.
(6)
The location and boundaries of those areas on or within 500 feet
of any public housing facility, a public park or public building.
C.
Pursuant to the provisions of P.L. 1988, c. 44 (N.J.S.A. 2C:35-1 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 those approved and adopted pursuant to § 84-1 of this chapter. The failure of the maps 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; and for a public housing facility, a public park or public building, 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:
D.
The Borough of Longport has fully complied with all of the requirements
set forth in P.L. 1988, c. 44 (N.J.S.A. 2C:35-1 et seq.), concerning
the preparation, approval and adoption of the Drug-Free Zone Maps.
