[Adopted 3-19-1992 by Ord. No. 92-8; amended in its entirety 12-17-1998 by Ord. No. 98-51]
[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.