Borough of Florham Park, NJ Chapter 115 Drug-Free Zones

[HISTORY: Adopted by the Borough Council of the Borough of Florham Park as indicated in article histories. Amendments noted where applicable.]

Article I Drug-Free School Zones

[Adopted 10-18-1988 by Ord. No. 20-88]

§ 115-1 Adoption of map.

In accordance with and pursuant to the authority of P.L. 1988, c. 44, (N.J.S.A. 2C:35-7), a Drug-Free School Zone Map is to be produced by the Borough Engineer and is hereby approved and adopted as an official finding and record of the location and areas within the borough of property which is used for school purposes or which is owned by or leased by any Board of Education within the borough, and of the areas on or within 1,000 feet of such school property.

§ 115-2 Map to be official record.

The Drug-Free School Zone Map approved and adopted pursuant to § 115-1 of this chapter 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 by any Board of Education within the borough or 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.

§ 115-3 Notice of changes in location of schools.

The Board of Education, 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 Borough Engineer and the Borough Administrator 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 Board of Education or which is used for school purposes.

§ 115-4 Filing of map; copies.

The Clerk of the borough is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 115-1 of this chapter, 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 chapter shall be provided without cost to the Morris County Clerk and to the office of the Morris County Prosecutor.

§ 115-5 Findings and determinations.

The following additional matters are hereby determined, declared, recited and stated:

A. It is understood that the map approved and adopted pursuant to § 115-1 of this chapter was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of the State of New Jersey 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 borough.

(2) The boundaries of the real property which is owned by or leased to such schools or a Board of Education.

(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.

B. Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or Board of Education and was being used for school purposes as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).

C. Pursuant to the provisions of P.L. 1988, c. 44, 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 § 115-1 of this chapter. 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 Board of Education, 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 a school board or that such property is not used for school purposes.

D. All of the requirements set forth in P.L. 1988, c. 44, concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.

Article II Drug-Free Public Areas

[Adopted 4-28-1998 by Ord. No. 6-98[1]]

[1] Editor's Note: This ordinance also provided for the renaming of former Ch. 115, Drug-Free School Zone, as Ch. 115, Drug-Free Zones, and the designation of §§ 115-1 through 115-5 as Art. I, Drug-Free School Zones.

§ 115-6 Adoption of map.

In accordance with and pursuant to the authority of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), a Drug-Free Public Area Map has been drafted by the Borough Engineer, and is hereby approved by the Borough Police Department and it is hereby further approved and adopted as an official finding and record of the location and areas within the Borough of Florham Park of property which is utilized as public housing facilities, public parks and public buildings which are owned, leased or controlled by the Borough of Florham Park, and of the areas on or within 500 feet of said properties.

§ 115-7 Map to be official record.

The Drug-Free Public Areas Map approved and adopted pursuant to § 115-6 of this article shall continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of the real estate comprising public housing facilities, public parks and public buildings which are owned, leased or controlled by the Borough of Florham Park, 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 the public housing facilities, public parks and/or public buildings and Drug-Free Public Areas within the Borough of Florham Park.

§ 115-8 Filing of map; copies.

The Clerk of the Borough of Florham Park is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant § 115-6 of this article and to provide, at 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 Morris County Clerk and the office of the Morris County Prosecutor.

§ 115-9 Findings and determinations.

The following matters are hereby determined, declared, recited and stated:

A. It is understood that the map approved and adopted pursuant to § 115-6 of this article was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of the State of New Jersey and that, pursuant to state law, such map shall constitute prima facie evidence of the following:

(1) The location of public housing facilities, public parks and public buildings which are owned, leased or controlled by the Borough of Florham Park.

(2) The boundaries of the real property which is utilized in connection with public housing facilities, public parks and public buildings which are owned, leased or controlled by the Borough of Florham Park.

(3) That such property continues to be used as public housing facilities, public parks and/or public buildings.

(4) The location and boundaries of areas which are on or within 500 feet of such public housing facilities, public parks and public buildings.

B. Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as Drug-Free Public Area was owned, leased or controlled by the Borough of Florham Park and was being used for public housing facilities, public parks and/or public buildings as of January 9, 1998, that being the effective date of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1).

C. Pursuant to the provisions of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), 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 § 115-6 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 public housing facilities, public parks and/or public buildings and which is owned, leased or controlled by the Borough of Florham Park, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the location and boundaries of such property which has 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 or leased by the Borough of Florham Park, or that such property is not used for public housing facilities, public parks or public buildings.

D. All of the requirements of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1) concerning the preparation, approval and adoption of a Drug-Free Public Area map have been complied with.