[HISTORY: Adopted by the Township Committee of the Township of Pennsauken
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Art. I, Drug Paraphernalia, adopted 10-8-1980
by Ord. No. 80-30, as amended, was deleted 12-30-2002 by Ord. No. 02-32.
[Adopted 9-14-1988 by Ord.
No. 88-36; amended in its entirety 2-24-1999
by Ord. No. 99-02]
In accordance with and pursuant to the authority of P.L. 1997, c. 181
(N.J.S.A. 2C:35-7) and P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free
Zone Map produced on or about January 5, 1999, under the direction of the
Municipal Engineer is hereby approved and accepted as an official finding
and record of the location and boundaries of those areas within the Township
of Pennsauken that are on or within:
As used in this article, the following terms shall have the meanings
indicated:
Any publicly owned or leased library or museum.
Any dwelling, complex of buildings, accommodation, building, structure
or facility and real property of any nature appurtenant thereto and used in
connection therewith, which is owned by or leased to a local housing authority
in accordance with the Local Redevelopment and Housing Law, P.L. 1992, c.
79 (N.J.S.A. 40A:12A-1 et seq.) for the purpose of providing living accommodations
to persons of low income.
A park, recreation facility or area or playground owned or controlled
by a state, county, or local government unit.
The Township Clerk shall keep on file the original of the map approved and adopted pursuant to § 146-5 of this article as an official record of the Township, and shall 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. The Township Clerk shall provide, without cost, a true copy of such map and this article to the County Clerk and to the office of the Camden County Prosecutor.
The School Board, or the chief administrative officer in the case of
any private or parochial school, shall have the continuing obligation to promptly
notify the Municipal Engineer and the Municipal Solicitor of any changes or
contemplated changes in the location and boundaries of any property owned
or leased to any elementary or secondary school or school board and which
is used for school purposes.
The following additional matters are hereby determined, declared, recited
and stated:
A.
Pursuant to the provisions of P.L. 1997, c. 181 (N.J.S.A. 2C:35-7), and 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 the statutes, including use of a map or diagram other than the one adopted pursuant to § 146-5 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, or as a public park, or public housing facility, or public building, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location of such property which have not yet been incorporated onto a revised approved map, shall not be deemed to be an official finding and record that such property is not used for school purposes, or as a public park, or public housing facility, or public building.
B.
Pursuant to the provisions of P.L. 1997, c. 181, and P.L. 1997, c. 327, the map approved and adopted pursuant to § 146-5 of this article may be changed from time to time by the governing body of the Township of Pennsauken.
C.
It is understood that the map approved and adopted pursuant to § 146-5 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 and boundaries of areas that are on or within
1,000 feet of an elementary or secondary school, or any property used for
school purposes which is owned by or leased to such school or school board.
(2)
The location and boundaries of areas that are on or within
500 feet of a public park, a public housing facility, or a public building.
D.
All of the requirements set forth in P.L. 1997, c. 181,
and P.L. 1997, c. 327, concerning the preparation, approval and adoption of
a Drug-Free Zone Map have been complied with.
