Borough of Seaside Heights, NJ Chapter 80 Drug-Free Park and Recreation Zone

[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 6-17-1998 by Ord. No. 98-22. Amendments noted where applicable.]

GENERAL REFERENCES

Drug-Free School Zone Map — See Ch. 82.

§ 80-1 Map established.

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, as amended, the Drug-Free Park and Recreational Zone Map produced on or about June 3, 1998, by Michael O'Donnell, P.E., O'Donnell, Stanton & Associates, Ten Allen Street, Toms River, New Jersey, is hereby approved and adopted as an official finding and record of the location and area within the Borough of Seaside Heights which is used for public park and recreational purposes and which is owned and/or maintained by the Borough of Seaside Heights and of the areas on or within 500 feet of such real property.

§ 80-2 Public park and recreational zone.

All the area shown to be included within the public park and recreational zone as depicted on the map established by § 80-1 of this chapter is hereby designated as a public park constituting recreational areas and facilities, including but not limited to the beaches and boardwalk owned and/or maintained by the Borough of Seaside Heights fronting upon the Atlantic Ocean; all beaches, docks, piers and other structures owned and/or maintained by the Borough of Seaside Heights on or adjacent to the Barnegat Bay; and all other playgrounds, athletic fields, recreational facilities and recreational areas as depicted in the map referred to above.

§ 80-3 Map to constitute official finding and record.

The Drug-Free Park and Recreational Zone Map approved and adopted pursuant to § 80-1 of this chapter shall constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned and/or maintained by the Borough of Seaside Heights which is used for public park and recreational purposes until such time as this chapter is amended to reflect any additions or deletions with respect to the location and boundaries of the public parks and recreational property and the drug-free park and recreational zones.

§ 80-4 Map to be kept on file; availability and distribution of copies.

The Borough Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to § 80-1 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 Ocean County Prosecutor.

§ 80-5 Use of map in prosecutions.

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

A. It is understood that the map approved and adopted pursuant to § 80-1 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 the public parks and recreational areas and facilities that are within the Borough of Seaside Heights.

(2) The boundaries of the real property which is owned and/or maintained by the Borough of Seaside Heights for public park and recreational use.

(3) That such public property is and continues to be used for park and recreational purposes.

(4) The location and boundaries of the areas which are on or within 500 feet of such public park and recreational areas.

B. Pursuant to the provisions of N.J.S.A. 2C:35-7.1, as amended, 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 § 80-1 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 public park and recreational purposes, 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 in a revised approved map, shall not be deemed to be an official finding and record that such property is not owned, maintained or used by the Borough of Seaside Heights or that such property is not used for public park and recreational purposes.

C. All of the requirements set forth in N.J.S.A. 2C:35-7.1, as amended, concerning the preparation, approval and adoption of a Drug-Free Park and Recreational Zone Map have been complied with.