[HISTORY: Adopted by the Township Committee
of the Township of Harding as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-11-1988 by Ord. No. 10-88 (Ch.
10 of the 1990 Code)]
[Amended 12-6-1999 by Ord. No. 15-99]
In accordance with and pursuant to the authority
of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free Public Facility
Map produced on or about November 5, 1999, by Robert H. Fox, Municipal
Engineer, is hereby approved and adopted as an official finding and
record of the location and areas within the municipality of property
which is used for school purposes and which is owned by or leased
to any elementary or secondary school or School Board and of the areas
on or within 1,000 feet of such school property.
The Drug-Free School Zone Map approved and adopted pursuant to § 154-1 of this article 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 by or leased to any elementary or secondary school or School Board which is used for school purposes 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 school property and Drug-Free School Zones.
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 or secondary school or School
Board and which is used for school purposes.
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 § 154-1 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 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 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 § 154-1 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:
(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)
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.
B.
Except as is otherwise expressly noted on the face
of the approved and adopted map, all of the 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.
1987, c. 101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of P.L. 1988, c. 44, 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 § 154-1 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, 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 by or leased to a school or School Board or that such property is not used for school purposes.
D.
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, have been complied with.
[Adopted 12-6-1999 by Ord. No. 15-99 (Ch.
9 of the 1990 Code)]
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 Facility
Map produced on or about November 5, 1999, by Robert H. Fox, Municipal
Engineer for the Township of Harding, is hereby approved and adopted
as an official finding and record of the location and boundaries of
the area or areas on or within 500 feet of a public housing facility,
a public park or a public building.
The Drug-Free Public Facility Map approved and adopted pursuant to § 154-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of those areas on or within 500 feet of a public housing facility, public park or public building, 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 public properties.
The Clerk of the Township of Harding is hereby
directed to receive and to keep on file the original of the map approved
and adopted pursuant to 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. The Clerk is hereby further directed to provide
a true copy of such map and certification without cost to the office
of the Morris County Prosecutor, upon request.
The following additional matters are hereby
determined, declared, recited and stated:
A.
It is understood that the map approved and adopted
pursuant to 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 location and boundaries of the area or areas on or
within 500 feet of a public housing facility, a public park or a public
building.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1(e),
a prosecutor is not precluded from introducing or relying on any other
evidence or testimony to establish any element of an offense committed
pursuant to P.L. 1997, c. 327; nor shall this article be construed
to preclude the use or admissibility of any map or diagram other than
one which has been approved by the governing body of this municipality
or county, provided that the map or diagram is otherwise admissible
pursuant to the rules of evidence.
