[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 8-8-1988 as Ord. No. 88-13.
Amendments noted where applicable.]
In accordance with and pursuant to the authority of P.L. 1988, c. 44,
N.J.S.A. 2C:35-7, the Drug-Free School Zone Map for the Borough of New Providence,
dated September 1, 1959, and revised January 1, 1987, prepared by Clifford
W. Johnson, Borough Engineer, is hereby approved and adopted as an official
finding and record of the location and areas within the Borough of New Providence
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 § 137-1
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 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 chapter shall
be amended to reflect any additions or deletions with respect to the location
and boundaries of school property and Drug-Free School Zone.
The New Providence Board of Education 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 Borough Engineer and
the Borough 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 § 137-1
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 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 Union 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 § 137-1 of this chapter 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)
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.
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, 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,[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 § 137-1 of this chapter. 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.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.
