Borough of Oaklyn, NJ Drugs

In accordance with and pursuant to the authority, that Drug-Free Zone Map produced on or about April 20, 1998, by Key Engineers, Inc., 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.

Is owned by or leased to any governmental entity and used by that entity as a public housing facility, public park, public library and/or public museum and of the areas on or within 500 feet of such property.

[1]

Editor's Note: Ordinance No. 11-1998, adopted 11-10-1998, amended this map to include a cigarette-free school zone. See Ch. 118, Tobacco Sales.

§ 12-2 Continuance until amendment.

[Amended 6-9-1998 by Ord. No. 7-98]

The Drug-Free Zone Map approved and adopted pursuant to § 12-1 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 and as to the location and boundaries of areas on or within 500 feet of property owned by or leased to any governmental entity and used by that entity as a public housing facility, public park, public library and/or public museum 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 property and drug-free zones.

§ 12-3 Notification of changes.

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.

§ 12-4 Filing of map; provision of copies.

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 § 12-1 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 Camden County Prosecutor.

§ 12-5 Determinations.

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to § 12-1 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 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.

All of the property depicted on the map approved and adopted herein as school property was owned by 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).

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 § 12-1 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 into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned 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:35-4.

All the requirements set forth in P.L. 1988, c. 44,[2] concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.

[2]

Editor's Note: See N.J.S.A. 2C:35-4.

Article II Drug-Free Workplace

[Adopted 5-12-1992 by Ord. No. 5-92]

§ 12-6 Policy.

It is the policy of the Borough of Oaklyn to maintain a drug-free workplace.

§ 12-7 Awareness program.

The Borough shall establish an ongoing drug-free awareness program to inform employees about:

The dangers of drug abuse in the workplace.

The Borough's policy of maintaining a drug-free workplace.

Available drug counseling, rehabilitation and employee assistance program.

The penalties which may be imposed upon employees for drug abuse violations which occur in the workplace.

§ 12-8 Notification of employees.

The Borough Clerk shall notify, by means of a written statement to all employees of the Borough, that:

The unlawful manufacture, distribution, dispensing, possession or use of a controlled dangerous substance is prohibited in every workplace maintained by the municipality.

The employee shall abide by the terms of the statement as a condition of employment.

The employee, as a condition of employment, shall notify the Borough Clerk of his or her conviction of any offense involving controlled dangerous substances occurring in the workplace no later than five calendar days following such conviction.

Failure to abide by the terms of the statement shall result in personnel action (up to and including termination of employment) consistent with the Federal Rehabilitation Act of 1973, as amended, or a requirement that the employee participate satisfactorily in a drug abuse assistance and/or rehabilitation program approved by the Oaklyn Borough Board of Health or the Camden County Health Department as a condition of continued employment.

§ 12-9 Action upon conviction of employee.

Upon receipt by the Borough Clerk of notice of an employee's conviction of an offense involving controlled dangerous substances occurring in the workplace:

The Borough Clerk shall, within 10 calendar days, notify, in writing, any federal agency providing grant money for a project in which the convicted employee was working. The notice shall include the employee's position title and the identification number of each affected grant. The notice shall be provided to every grant officer or the designee on whose grant activity the convicted employee was working unless the federal agency has designated a central point for the receipt of such notices; and

The Borough shall within 30 calendar days either take appropriate personnel action (up to and including termination of employment) consistent with the requirements of the Federal Rehabilitation Act of 1973, as amended, against the convicted employee or require as a condition of continued employment that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved by the Borough of Oaklyn Board of Health or the Camden County Health Department.