[Amended 1-27-2000 by Ord. No. 1-2000]
In accordance with and pursuant to the authority
of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Public Parks
and Public Buildings Area Map prepared on or about October 1, 1998,
and revised on or about December 1, 1999, by the Township Engineer,
and reviewed and approved by the Hanover Township Police Department,
is hereby further approved and adopted as an official finding and
record of the locations and areas within the Township of Hanover of
property owned, leased or controlled by the Township of Hanover and
utilized as public parks and public buildings, and of the areas on
or within 500 feet of said properties.
The Drug-Free Public Parks and Public Buildings Area Map approved and adopted pursuant to §
120-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of the real estate comprising public parks and public buildings owned, leased or controlled by the Township of Hanover 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 parks and/or public buildings and drug-free public parks and public buildings areas within the Township.
The Superintendent of Recreation and Park Administration, in the case of Public Parks, and the Business Administrator/Township
Clerk, in the case of Public Buildings, are hereby directed and shall
have the continuing obligation of promptly notifying the Township
Engineer and the Chief of Police of any changes or contemplated changes
in the location and boundaries of any public parks and public building
properties owned, leased or controlled by the Township and which changes
may affect the five-hundred-foot boundaries depicted and adopted on
the Drug-Free Public Parks and Public Buildings Map and in this article.
The Business Administrator/Township Clerk of the Township of Hanover is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to §
120-6 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 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 to the office of the Morris 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 §
120-6 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 parks and public buildings
owned, leased or controlled by the Township of Hanover;
(2) The boundaries of the real property utilized in connection
with public parks and public buildings and is owned, leased and controlled
by the Township of Hanover;
(3) That such properties continue to be used as public
parks and public buildings; and
(4) The location and boundaries of areas which are on
or within 500 feet of such 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 parks and public
buildings areas was owned, leased or controlled by the Township of
Hanover and was being used as public parks and public buildings as
of January 9, 1998, which is 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 §
120-6 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 parks and/or public buildings and which is owned, leased or controlled by the Township of Hanover, 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, leased or controlled by the Township of Hanover or that such property is not used for the purpose of public parks and/or public buildings.
D. All of the requirements set forth in P.L. 1997, c.
327 (N.J.S.A. 2C:35-7.1) have been complied with concerning the preparation,
approval and adoption of a Drug-Free Public Parks and Public Buildings
Area Map.