[HISTORY: Adopted by the Township Committee of the Township of Hamilton
12-7-1998 by Ord. No. 1322-98.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 155, Drug-Free
Zones, adopted 9-19-1998 by Ord. No. 984-88.
In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A.
2C:35-7), and N.J.S.A. 2C:35-7.1, as amended and effective on January 9, 1998,
the Drug-Free Zone Map produced on or about August 18, 1998, by Schoor DePalma
Engineers and Design Professionals, as Municipal Engineers, is hereby approved
and adopted as an official finding and record of the locations and areas within
the municipality of property which is used for school purposes and which is
owned by or leased to any elementary school or secondary school or school
board and of the areas on or within 1,000 feet of such school property, as
set forth in N.J.S.A. 2C:35-7. The aforedescribed Drug-Free Zone Map is hereby
also approved and adopted as an official finding and record of the locations
and areas within the municipality of property which is used for or comprising
a housing facility, public park or public building and of the areas on or
within 500 feet of such public housing facility, public park or public building,
as provided for in N.J.S.A. 2C:35-7.1
The Drug-Free Zone Map, approved and adopted pursuant to § 155-1 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 or leased to any elementary school or secondary school or school board which 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 in accordance with N.J.S.A. 2C:35-7. The Drug-Free Zone Map, approved and adopted pursuant to § 155-1 of this chapter, shall also continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of property which shall comprise a public facility, public park or public building, as defined in N.J.S.A. 2C:35-7.1 and shall continue and remain until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the locations and boundaries of public housing facilities, public parks or public buildings.
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 Municipal Engineer and the Municipal Attorney
of any changes or contemplated changes in, the location and boundaries of
any property owned by or leased to any elementary school or secondary school
or school board which is used for school purposes. All appropriate county,
state or municipal officials who have authority over or are charged with the
administration of public housing, public facilities, public parks and public
buildings is hereby directed and shall have the continuing obligation to promptly
notify the Municipal Engineer and the Municipal Attorney of any changes or
contemplated changes in the location and boundaries of any property comprising
or which is used for public housing facilities, public parks and/or public
buildings.
The Clerk of the municipality is hereby directed to receive and keep on file the original map, approved and adopted pursuant to § 155-1 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 Drug-Free Zone 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 County Clerk and to the Office of the Atlantic County Prosecutor.
The following additional matters are hereby determined, declared, recited
and stated:
A.
It is understood that the Drug-Free Zone Map approved and adopted pursuant to § 155-1 of this chapter, was prepared and is intended to be used as evidence in prosecutions arising under the 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 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 the areas are on or within
1,000 feet of such school property.
(5)
The location of property located within the municipality
comprising a public housing facility, public park or public building, as defined
in N.J.S.A. 2C:35-7.1.
(6)
The boundaries of the property upon which public housing
facilities, public parks and public buildings are situated.
(7)
That such properties as designated as real property comprising
a public housing facility, public park and/or public building are and continue
to be used as public housing facilities, public parks and/or public buildings.
(8)
The location and boundaries of areas which are on or
within 500 feet of such public housing facility, public park or public buildings.
B.
Except as otherwise expressly noted on the face of the
approved and adopted Drug-Free Zone Map, all properties depicted on the map
and approved and adopted herein as school property was owned by or leased
to a school or school board or was owned or leased by a private or parochial
school entity on August 18, 1998, that being the date that the Drug-Free Zone
Map was prepared.
C.
PUBLIC BUILDING
PUBLIC HOUSING FACILITY
PUBLIC PARK
Except as otherwise expressly noted on the face of the
approved and adopted Drug-Free Zone Map, all of the property depicted on the
map as a public housing facility, public park or public building are and continue
to be owned and used as a public housing facility, public park and/or a public
building, as defined below:
Any publicly owned or leased library or museum.
Any dwelling, complex of dwellings, accommodation, building, structure
or facility and real property of any nature, appurtenant thereto and used
in connection therewith, which is owned by or leased to a public housing authority
in accordance with the "Local Redevelopment and Housing Law," P.L, 1992, c.79
(N.J.S.A. 40A:12A-1 et. seq.) for the purpose of providing living accommodations
to persons of low income.
A park, recreation facility or area or playground owned or controlled
by a state, county or local government unit.
D.
Pursuant to the provisions of any applicable state law, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of an offense defined in N.J.S.A. 2C:35-7 and/or N.J.S.A. 2C: 35-7.1, including use of a map or diagram other than the one approved and adopted pursuant to § 155-1 this chapter. The failure of the Drug-Free Zone Map approved herein to depict location and boundaries of any property which is, in fact, used for a school purpose (N.J.S.A. 2C:35-7) or as a public housing facility, public park or public building (N.J.S.A. 2C:35-7.1), whether the absence of such depiction is the result of inadvertence, omission or the result of any change in the location and boundaries of such property which have not yet been incorporated into a revised, approved map, shall not be deemed an official finding and record that such property is not owned by or leased to a school, school board or that such property is not used for school purposes or is real property comprising a public housing facility, public park or a public building.
E.
All of the requirements of N.J.S.A. 2C:35-7 and N.J.S.A.
2C:35-7.1 concerning the preparation, approval and adoption of the Drug-Free
Zone Map have been complied with.
