[Ord. #1264, 8-26-1977, adopted; Ord. #1328, 9-29-1998, amended;
Ord. #1419, 7-11-2000, amended; Ord. #2402, 8-28-2018, amended]
a. 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 dated July 2018
and produced by Thomas Timko, 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.
b. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1,
the Drug-Free Park, Public Housing and Building Zone Map dated July
2018 and produced by Thomas Timko, 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 as a public
park, public building or public housing facility and which is owned
by Bernards Township and of the areas on or within 500 feet of such
municipal property.
[Ord. #1328, 9-29-1998, amended]
a. The Drug-Free School Zone Map approved and adopted pursuant to Subsection
3-14.1a of this section 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 section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[Ord. #1264, 8-26-1997, adopted]
b. The Drug-Free Park, Public Housing and Building Zone Map approved and adopted pursuant to Subsection
3-14.1b of this section shall constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned by Bernards Township which is used as a public park, public building or public housing facility until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of municipal parks, public housing and building drug-free zones.
[Ord. #1264, 8-26-1997, adopted; Ord. #1328, 9-29-1998, amended]
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 Municipal Engineer and the Municipal 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 Board and
which is used for school purposes.
[Ord. #1264, 8-26-1997, adopted; Ord. #1328, 9-29-1998, amended]
The Clerk of the municipality is hereby directed to receive and keep on file the original of the maps approved and adopted pursuant to Subsection
3-14.1a and b 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 maps approved and adopted herein and kept on file. It is hereby further directed that a true copy of such maps and of this section shall be provided without cost to the County Clerk and to the office of the Somerset County Prosecutor.
[Ord. #1264, 8-26-1997, adopted; Ord. #1328, 9-29-1998, amended]
The following additional matters are hereby
determined, declared, recited and stated:
a. It is understood that the maps approved and adopted pursuant to Subsection
3-14.1a and b of this section were prepared and are 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. 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, housing, and buildings
within the municipality.
6. The boundaries of the public parks, housing and buildings
which are owned by Bernards Township.
7. Such public property is and continues to be used for
public purposes .
8. The location and boundaries of areas which are on
or within 500 feet of such public property.
b. Except as is otherwise expressly noted on the face of the approved and adopted map pursuant to Subsection
3-14.1a, 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. Except as is otherwise expressly noted on the face of the approved and adopted map pursuant to Subsection
3-14.1b, all property depicted on the map approved and adopted herein as municipal property was owned by Bernards Township and was being used as a public park, public building or public housing facility as of January 1998.
d. Pursuant to the provisions of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), 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 Subsection
3-14.1a and b of this section. The failure of the maps 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, and real property comprising a public housing facility, a public park, or a 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 owned by or leased to a school or School Board or municipality or that such property is not used for a school or as a public park, public building or public housing facility.
e. All of the requirements set forth in P.L. 1988, c.
44, concerning the preparation, approval and adoption of a Drug-Free
School and Drug-Free Park, Public Housing and Building Zone Maps have
been complied with.