[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 3-8-1989
by Ord. No. 1989-7 (Sec. 2.52 of the 1995 Code); amended
in its entirety 3-15-2000 by Ord. No. 2000-5.
Subsequent amendments noted where applicable.]
A.
In accordance with and pursuant to the authority of P.L.
1988, c. 44 (N.J.S.A. 2C:35-7), P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), and
P.L. 1999, c. 185, the Drug-Free School Zone Map produced on or about February
12, 1987, by Remington and Vernick, Township Engineer, as amended is hereby
approved and adopted as an official finding and record of the location and
areas within the municipality of real property which is used for school purposes,
which is designated as a school crossing which is owned by or leased to an
elementary or secondary school or school board, which is a public housing
facility owned by or leased to a local housing authority in accordance with
the Local Redevelopment and Housing Law, P.L. 1992, c. 70 (N.J.S.A. 40A:12A-1
et seq.), which is a public park, recreation facility or area or playground
owned or controlled by a state, county or local government unit, or which
is a publicly owned or leased library or museum, and of the areas on or within
1,000 feet of such school property, and the area on or within 500 feet of
such public housing, public park and public building.
B.
Designation of school crossings. In accordance with and
pursuant to the authority of P.L. 1999, c. 185, the following is a list of
school crossings which have been so designated by the Township of Cinnaminson:
(1)
Riverton Road and Buttonwood Lane.
(2)
Buttonwood and Wynwood Drive.
(3)
Branch Pike at Pomona Road.
(4)
New Albany and Parry Road.
(5)
Woodview at Forklanding Road.
(6)
Riverton and Pomona Road.
(7)
New Albany School Driveway.
(8)
Branch Pike and Forklanding Road.
(9)
St. Charles Drive at Pomona Road.
(10)
Burgundy and Pomona Road.
(11)
Branch Pike and Meetinghouse Road.
A.
The Drug-Free/Drunk-Driving-Free School and Property Zone Map and list of designated school crossings approved and adopted pursuant to § 252-1 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 real property owned by or leased to any elementary or secondary school or school board which is used for school purposes, the location and boundaries of school crossings, and the location and boundaries of areas on or within 500 feet of real property owned by or leased to a local housing authority in accordance with the Local Redevelopment and Housing Law for the purpose of providing living accommodations to persons of low income, a public park, recreation facility or area or playground owned or controlled by a state, county or local government unit, and/or a publicly owned or leased library or museum, 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 such school property, school crossings, Drug-Free School Zones, public housing facilities, public parks and public buildings.
B.
The list of school crossings designated above by the
Township Committee shall continue to constitute an official finding and record
of the location of school crossing zones within the Township of Cinnaminson
until such time, if any, that this chapter shall be amended to reflect any
additions or deletions with respect to school crossing zones in Cinnaminson
Township.
A.
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 Township Engineer and
the Township Solicitor 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 additions
or deletions with respect to school crossing zones in Cinnaminson Township.
B.
The Township Parks and Recreation Commission is hereby
directed and shall have the continuing obligation to promptly notify the Township
Engineer and the Township Solicitor of any changes or contemplated changes
in the location and boundaries of any property used as a public park.
C.
The Township Committee of the Township of Cinnaminson
is hereby directed and shall have the continuing obligation to promptly notify
the Township Engineer and the Township Solicitor of any changes or contemplated
changes in the location and boundaries of any publicly owned or leased library
or museum.
The Clerk of the Township of Cinnaminson is hereby direct to receive and keep on file the original of the map and list of school crossings approved and adopted pursuant to § 252-1 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 and list approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and this chapter shall be provided without cost to the Burlington County Clerk and to the office of the Burlington 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 § 252-1 of this chapter 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)
Schools:
(a)
The location of elementary and secondary schools within
the municipality.
(b)
The boundaries of the real property which is owned by
or leased to such schools or a school board.
(c)
That such school property is and continues to be used
for school purposes.
(d)
The location and boundaries of areas which are on or
within 1,000 feet of such school property.
(e)
The location of school crossing zones within the municipality.
(2)
Public housing facilities:
(a)
The location of public housing facilities within the
municipality.
(b)
The boundaries of the real property comprising a public
housing facility which is owned by or leased to a local housing authority
for the purpose of providing living accommodations to persons of low income.
(c)
That such public housing facility property is and continues
to be used for public housing purposes.
(d)
The location and boundaries of areas which are on or
within 500 feet of such public housing property.
(3)
Public parks:
(a)
The location of public parks, recreation facilities or
areas or playgrounds within the municipality.
(b)
The boundaries of the real property comprising a park,
recreation facility or area or playground owned or controlled by a state,
county or local government unit.
(c)
That such public park real property is and continues
to be used for park and recreation purposes.
(d)
The location and boundaries of areas which are on or
within 500 feet of such public parks.
(4)
Public buildings:
(a)
The location of public buildings within the municipality.
(b)
The boundaries of the real property comprising a publicly
owned or leased library or museum.
(c)
That such public buildings are and continue to be used
for public purposes.
(d)
The location and boundaries of areas which are on or
within 500 feet of such public building property.
B.
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, 1987, that being
the effective date of P.L. 1988, c. 101 (N.J.S.A. 2C:35-7).
C.
All of the property designated on the map and list approved
and adopted herein as a school crossing was a school crossing designated by
the Township of Cinnaminson as of December 1, 1999, that being the effective
date of P.L. 1999, c. 185 (N.J.S.A. 2C:11-5 et seq.).
D.
All of the property depicted on the map approved and
adopted herein as a public housing facility, public park, and public building
was owned by or leased to a public housing facility, was a park, recreation
facility or area or playground owned or controlled by a state, county or local
government unit, and was a publicly owned or leased library or museum, and
were being used for those respective purposes as of January 9, 1998, that
being the effective date of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1).
E.
Pursuant to the provisions of P.L. 1988, c. 44, P.L. 1997, c. 327 and P.L. 1999, c. 185, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in those statutes, including use of a map, diagram or list other than the one approved and adopted pursuant to § 252-1 of this chapter. The failure of the map or list 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 by or leased to any elementary or secondary school or school board, or which is, in fact, used for school crossings, or which is, in fact used for public housing purposes and which is owned by or leased to a housing authority according to the Local Redevelopment and Housing Law, or which is, in fact, a public park, recreation facility or area or playground owned or controlled by a state, county or local government unit, or which is, in fact, a publicly owned or leased library or museum, 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 revision 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 or as a school crossing, or that such property is not owned by or leased to a housing authority in accordance with the Local Redevelopment and Housing Law and used for public housing purposes, or that such property is not owned or controlled by a state, county or local government unit and used as a public park, recreation facility or area, or playground, or is not a publicly owned or leased library or museum.
F.
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, and P.L. 1997, c. 327 concerning the preparation, approval and adoption
of a Drug-Free Zone, and P.L. 1999, c. 185 concerning the preparation, approval
and adoption of a Drunk-Driving-Free School Zone, have been complied with.
