[Amended 5-3-2001 by Ord. No. 01-24]
A. In accordance with and pursuant to the authority of
N.J.S.A. 2C:35-7 and 7.1 the Drug-Free Zones and Drunk-Driving-Free
School Crossings Map and Attachment 1, prepared by CME Associates,
and dated June 8, 2009, is hereby approved and adopted as an official
finding and record of the location and areas within the municipality
of property which is:
[Amended 7-9-2009 by Ord. No. 09-07]
(1) Used for school purposes and which is owned by or
leased to any elementary or secondary school or school board, and
of areas on or within 1,000 feet of such school property;
(2) Comprising a public housing facility owned by or leased
to a local housing authority in accordance with the Local Redevelopment
and Housing Law, (N.J.S.A. 40A:12-1 et seq.) and of the areas on or
within 500 feet of such public housing facility property;
(3) Comprising a public park, i.e., a park, recreation
facility or area or playground owned or controlled by a state, county
or local government unit and of the areas on or within 500 feet of
the same;
(4) Comprising a public building, i.e., any publicly owned
or leased library or museum and of the areas withon or within 500
feet of such a public building; and
(5) Comprising a school crossing as defined in N.J.S.A.
39:1-1.
B. Items A(2), (3) and (4) shall hereinafter be collectively
be referred to as "public facilities."
[Amended 5-3-2001 by Ord. No. 01-24]
The Drug-Free Zones and Drunk-Driving-Free School Crossings Map and Attachment 1 approved and adopted pursuant to §
121-1 of this article shall continue to constitute an official finding and record as to location and boundaries of the areas on or within 1,000 feet of any property used for school purposes and which are owned by or leased to any elementary or secondary school or school board, on or within 500 feet of a public facility, or compromising school crossings 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 school property, drug-free zones and school crossings.
The school board or the chief administrative
officer, in the case of any private or parochial school, and the Executive
Director of the Carteret Housing Authority are hereby respectfully
directed and shall have the continuing obligation to promptly notify
the Municipal or County Engineer and the Municipal and County Attorney
of any changes or contemplated changes in the location and boundaries
of any public facilities and any property owned by or leased to an
elementary or secondary school or school board and which is used for
school purposes, and of the location of any leased or owned public
housing facility.
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to §
121-1 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 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 offices of the Middlesex County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A. It is understood that the map approved and adopted pursuant to §
121-1 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:
[Amended 5-3-2001 by Ord. No. 01-24]
(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) 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;
(5) The location of public housing facilities, public
parks and public libraries or museums ("public facilities");
(6) The boundaries of the real property of the public
facilities;
(7) The location and boundaries of areas which are on
or within 500 feet of such public facilities;
(8) The location and boundaries of school crossings as
defined in N.J.S.A. 39:1-1.
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 school board and was being used for school
purposes as of July 9, 1997, that being the effective date of N.J.S.A.
2C:35-7, and all public facilities existed as such and were being
used for the same as of the effective date of N.J.S.A. 2C:35-7.1.
C. Pursuant to the provisions of N.J.S.A. 2C:35-7 and 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 said statutes, including the use of a map or diagram other than one approved and adopted pursuant to §
121-1 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; which comprises a public facility; and/or which comprises a school crossing, 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 and 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, that such property does not comprise a public facility, or that such property does not comprise a school crossing.
[Amended 5-3-2001 by Ord. No. 01-24]
D. All of the requirements set forth in N.J.S.A. 2C:35-7
and 2C:35-7-1 concerning the preparation, approval and adoption of
a Drug-Free Zone Map have been complied with.