[HISTORY: Articles I and II adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven as indicated in article histories. Subsequent articles adopted by the Borough Council of the Borough of Beach Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-1994 by Ord. No. 94-22; amended in its entirety 9-13-2021 by Ord. No. 2021-30C]
In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on or about June 30, 2021, by Frank J. Little, Jr., P.E., Municipal Engineer, Owen, Little & Associates, Inc., for the purpose of 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 is hereby approved as official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of the school property.
[Adopted 8-10-1998 by Ord. No. 98-18]
[Amended 9-13-2021 by Ord. No. 2021-30C]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, as amended, the Drug-Free Public Building, Park and Recreation/Beach Zone Map produced on or about June 30, 2021, by Owen, Little and Associates, Borough of Beach Haven engineers, is hereby approved and adopted as an official finding and record of the location and area within the Borough of Beach Haven which is used as a public building or for public park and recreational purposes and which is owned and/or maintained by the Borough of Beach Haven, and of the area on or within 500 feet of such real property.
The following words and terms shall have the meanings herein indicated for the purposes of this article:
PUBLIC BUILDING
Any publicly owned or leased library or museum as defined pursuant to N.J.S.A. 2C:35-7.1.
PUBLIC PARK
A park, recreational facility or area playground owned or controlled by a state, county or local government unit as defined pursuant to N.J.S.A. 2C:35-7.1.
All the area shown to be included within the public building, park and recreation zone as depicted on the map established by § 84-2 of this article is hereby designated as either a public park constituting recreational areas and facilities or as a public building as depicted in the map referred to above.
The Drug-Free Public Building, Park and Recreation/Beach Zone Map approved and adopted pursuant to § 84-2 of this article shall constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned and/or maintained by the Borough of Beach Haven which is used for public buildings, parks or recreational purposes until such time as this article is amended to reflect any additions or deletions with respect to the location and boundaries of the public parks and recreational property, and the drug-free public building, park and recreation zones.
The Municipal Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to § 84-2 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 Ocean County Prosecutor.
The following additional matter are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to § 84-2 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 the public buildings, parks and recreational areas and facilities that are within the municipality;
(2) 
The boundaries of the real property which is owned and/or maintained by the Borough of Beach Haven for public park and recreational use or for use as a public building;
(3) 
That such public property is and continues to be used as public buildings or for park and recreational purposes; and
(4) 
The location and boundaries of the areas which are on or within 500 feet of such public buildings, park and recreational areas.
B. 
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, as amended, 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 § 84-2 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used as a public building or for public park and recreational purposes, 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 in a revised approved map, shall not be deemed to be an official finding and record that such property is not owned, maintained or used by the Borough of Beach Haven, or that such property is not used as a public building or for public park and recreational purposes.
C. 
All of the requirements set forth in N.J.S.A. 2C:35-7.1, as amended, concerning the preparation, approval and adoption of a Drug-Free Public Building, Park and Recreation/Beaches Zone Map have been complied with.