[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-21-2014 by Ord. No. 12-2014]
The Drunk-Driving-Free School Zones Map[1] produced on or about May 19, 2014, by Boswell Engineering,
the Borough 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 on school land and
of the areas on or within 1,000 feet of such school property.
[1]
Editor's Note: The Drunk-Driving-Free School Zones Map is
on file in the Borough offices.
The Drunk-Driving-Free School Zones Map approved
and adopted pursuant to 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 drunk-driving-free school zones.
The list of school crossings designated above by the Mayor and Council
shall continue to constitute an official finding and record of the
location of school crossing zones within the Borough of North Haledon
until such time, if any, that this article shall be amended to reflect
any additions or deletions with respect to school crossing zones in
the Borough of North Haledon.
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 office of the Borough Engineer and the Borough Attorney 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 or of any additions
or deletions to school crossings.
The Borough Clerk is hereby directed to receive
and to keep on file the original of the map approved and adopted pursuant
to this article and the list of school crossings 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 list shall be provided without costs to the Passaic County
Clerk and to the office of the Passaic County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A.
It is understood that the map and list approved and
adopted pursuant to this article were prepared and are intended to
be used as evidence in prosecutions arising under the criminal and
traffic laws of this state and that, pursuant to state law, such map
and list 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.
(4)
The
location and boundaries of areas which are on or within 1,000 feet
of such school property.
(5)
The
location of all school crossings in the Borough of North Haledon.
[Adopted 8-6-2014 by Ord. No. 19-2014]
A.
In accordance
with and pursuant to the authority of N.J.S.A. 2C:35-7 and 2C:35-7.1,
a Drug-Free Zone Map dated June 4, 2014, and certified by the Borough
Engineer is hereby approved and adopted as follows:[1]
(1)
This
map for the one-thousand-foot drug-free school zone is hereby approved
and adopted as the official finding and record of the location of
areas within the municipality of property which are used for school
purposes and which are 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.
(2)
This
map is also hereby approved and adopted as the official finding and
record of the location of areas within the municipality of property
which are within 500 feet of real property comprising a public park
or a public building as defined pursuant to N.J.S.A. 2C:35-7.1.
B.
The map
may be found on file in the office of the Borough Clerk.
A.
The Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article shall 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, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopts a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of school property and drug-free zones.
B.
The same Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article shall also constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of real property comprising a public park or a public building as defined under N.J.S.A. 2C:35-7.1 until such time, if any, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopts a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of real property comprising a public park or a public building and drug-free zones within 500 feet thereof.
The school board, or chief administrative officer in the case
of any private or parochial school, or Borough Administrator, as the
case may be, is hereby directed and shall have the continuing obligation
to promptly notify the Borough Engineer and Chief of Police of any
changes, or contemplated changes, in the location and boundaries of
any property owned or leased by their school(s) or the Borough, as
applicable.
The Borough Clerk is hereby directed to receive and keep on file the original certified Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article and to provide at a reasonable cost, or as defined pursuant to the Open Public Records Act, 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 County Clerk, the office of the Passaic County Prosecutor, the Municipal Prosecutor, and the Borough's Police Department.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the Drug-Free Zone Map approved and adopted pursuant to § 263-7 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 any schools within the municipality;
(2)
The
boundaries of 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;
(5)
The
location of public parks and public buildings within the municipality
as defined by N.J.S.A. 2C:35-7.1;
(6)
The
boundaries of real property which is owned by or leased or used as
public parks and public buildings; and
(7)
The
location and boundaries of areas which are on or within 500 feet of
public parks and public buildings.
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 at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article.
C.
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 public parks and public buildings was owned by, or leased to, a state, county or local government or agency or instrumentality thereof at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to § 263-7 of this article.
D.
Pursuant to the provisions of N.J.S.A. 2C:35-7 and 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 statute, including the use of a map or diagram other than the one approved and adopted pursuant to § 263-7 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, or meeting the definitions of a "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 properties are not owned, leased or used by the entities or for the purposes described.
E.
All the
provisions set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning
the preparation, approval and adoption of a Drug-Free Zone Map have
been complied with.
