Township of Lower, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
278a Publicly Owned Buildings-Drug Zone Law
[Adopted by Ord. No. 88-19 (Sec. 3-25 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 on November 5, 1987, and revised September 15, 1988, by Richard L. Carter, Municipal Engineer, 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.
The Drug-Free School Zone Map approved and adopted pursuant to § 278-1 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 Lower Township Engineer and the Lower Township 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 Lower Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 278-1 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 Cape May County Clerk and to the office of the Cape May 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 § 278-1 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 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. 
Except as is otherwise expressly noted on the face of the approved and adopted map, 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 § 278-1 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 by Ord. No. 98-9 (Sec. 3-25A of the 1975 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes any individual, corporation, government agency or other entity.
PUBLIC BUILDING
Any publicly owned or leased library or museum.
PUBLIC HOUSING FACILITY
Any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned 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.
PUBLIC PARK
A recreational facility or area or playground owned and/or controlled by a state, county or local government unit.
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 Zone Map produced in May 1998 by the Township Engineer is hereby approved and adopted as an official finding and record of the location and areas within the Township of property which comprises a public housing facility, public park, or a public building, and of the areas on or within 500 feet of such property.
The Drug-Free Zone Map approved and adopted pursuant to § 278-7 above shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property comprising public housing facilities, public parks, or public buildings 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 such property and drug-free zones.
Any person owning or exercising control over any public housing facility, public park, or public building is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Solicitor of any changes or contemplated changes in the location and boundaries of any property affected by this article.
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 278-7 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 shall be provided without cost to the Cape May County Clerk and to the office of the Cape May County Prosecutor.
It is understood that the map approved and adopted pursuant to § 278-7 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:
A. 
The location of public housing facilities, public parks and public buildings within the Township.
B. 
The boundaries of real property which is owned by or leased to such public housing facilities, public parks or public buildings.
C. 
That such property is and continues to be used for its designated purpose.
D. 
The location and boundaries of areas which are on or within 500 feet of such property.
Nothing in this article shall be construed to preclude a prosecutor from introducing or relying upon any other evidence or testimony to establish any element of an offense; nor shall this article be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the Township Council; provided that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, a public housing facility, public park, or public building, 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 used for a purpose which is subject to this article.
All of the requirements set forth in P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1) concerning the preparation, approval and adoption of a Drug-Free Zone Map have been complied with.