Borough of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-1988 by Ord. No. 10-1988 (Ch. 6 of the 1975 Code)]
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 produced by Alaimo Associates, Borough Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to an 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 § 87-1 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 Borough Engineer and the Borough Solicitor 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 Borough is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 87-1 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 Clerk of Burlington County and to the office of the Burlington 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 § 87-1 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 Borough.
(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. 
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, 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 § 87-1 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 2-22-2005 by Ord. No. 2005-2]
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 Area Map prepared by Alaimo Associates, Borough Engineer, dated __________, 2005, approved by the Borough Police Department is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Pemberton of property which is utilized as public housing facilities, public parks and public buildings, owned, leased, or controlled by the Borough of Pemberton and of the areas on or within 500 feet of said properties.
The Drug Free Public Area Map approved and adopted pursuant to this article shall continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of the real estate comprising public housing facilities, public parks, and public buildings owned, leased or controlled by the Borough of Pemberton until such time, if any, that this article shall be amended to reflect any additions and/or public buildings and drug-free public areas within the Borough of Pemberton.
The Borough Clerk is directed to receive and to keep on file the original of the Drug Free Public Area Map approved and adopted pursuant to this article and to provide at 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 Burlington County Clerk and the Office of the Burlington County Prosecutor.
The following 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 prosecution arising under the criminal laws of the State of New Jersey and that, pursuant to state law, such map shall constitute prima facia evidence of the following:
(1) 
The location of public housing facilities, public parks and public buildings owned, leased or controlled by the Borough of Pemberton.
(2) 
The boundaries of the real property which is utilized in connection with such public housing facilities, public parks and public buildings owned, leased or controlled by the Borough of Pemberton.
(3) 
That such property continues to be used as public housing facilities, public parks and/or public buildings or the location and boundaries of areas which are or within 500 feet of such public housing facilities, public parks, and public buildings.
B. 
Except as otherwise expressly noted on the face of the approved map, all the property depicted on the map is drug-free public area was owned, leased or controlled by the Borough of Pemberton and was being used for public housing, public parks and/or public buildings as of January 9, 1998, that being 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 that approved and adopted pursuant to 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 housing facilities, public parks and/or public buildings and which is owned, leased or controlled by the Borough of Pemberton, whether the absence of such depiction is the result of inadvertent 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 to be an official finding and record that such record is not owned or leased by the Borough of Pemberton or that such property is not used for public housing facilities, pubic parks or public buildings.
D. 
All of the requirements that appear in P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), concerning the preparation, approval and adoption of a Drug-Free Public Area Map have been complied with.