[Adopted 11-27-2000 by Ord. No. 2000-24 (Ch. 56, Art. II,
of the 1976 Code)]
In accordance with and pursuant to the authority of L. 1999,
c. 185, the following is a list of school crossings which have been
designated by the Township of Berlin:
In accordance with and pursuant to the authority of L. 1999,
c. 185, the Drunk-Driving-Free School Zone Map produced on or about
September 11, 2000, by Charles J. Riebel, Jr., P.E., the Township
Engineer, is hereby approved and adopted as an official finding and
record of the location and areas within the Township of Berlin 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 Drunk-Driving-Free School Zones Map approved and adopted pursuant to § 145-10 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 Drunk-Driving-Free School Zones. The list of school crossings designated above by the Township shall continue to constitute an official finding and record of the location of school crossing zones within the Township of Berlin until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to school crossing zones in Berlin Township.
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 office of the
Township Engineer and the Township 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 or of any addition or deletions to school
crossings.
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 145-10 of this article and the list of school crossings 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 further directed that a true copy of such map and list and of this article shall be provided without cost to the Camden County Clerk and to the office of the Camden 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:
(1)
The location of elementary and secondary schools within the Township;
(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; and
(5)
The location of all school crossings in the Township of Berlin.
B.
Pursuant to the provisions of state law, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in L. 1999, c. 185, including use of a map or diagram other than the one approved and adopted pursuant to § 145-10 of this article, or other than the list of school crossings as set forth in § 145-6 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, or the failure to have included a particular school crossing in the list set forth in § 145-9 of this article, whether the absence of such inclusion or 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.
