[HISTORY: Adopted by the Township Committee of the Township of Shamong
9-6-1988 by Ord. No. 1988-8. Amendments noted where applicable.]
In accordance with and pursuant to the authority of L. 1988, c.44 (N.J.S.A.
2C:35-7), the Drug-Free School Zone Maps produced on or about November 2,
1987, and September 5, 1991, by Township Engineer Raymond L. Worrell, are
hereby approved and adopted as an official finding and record of the location
and areas within the municipality of property which are used for school purposes
and which are 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 § 83-1of
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 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 Township Engineer, Raymond L. Worrell, and
the Township Solicitor, Mr. Robert Partlow, 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 Shamong Township is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 83-1 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 a 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 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 § 83-1of 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, and
(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 maps approved and
adopted herein as school property was owned by or leased to the Shamong Township
School Board as of September 5, 1991.
[Amended 11-6-1991 by Ord.
No. 1991-19]
C.
Pursuant to the provisions of 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 § 83-1 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.
D.
All the requirements set forth in L. 1988, c. 44, concerning
the preparation, approval and adoption of a Drug-Free School Zone Map have
been complied with.
