[Adopted 9-6-1988 by Ord. No. 14-1988]
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 April 5, 1988, by Consulting Engineer Services, Township
Engineer, is hereby approved and adopted as an official finding and
record of the locations within the Township of Greenwich 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 within 1,000
feet of such school property.
The Drug-Free School Zone Map approved and adopted pursuant to §
336-1 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 Township Engineer and the Township 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.
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to §
336-1 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 County Clerk and to the office of the Gloucester 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 §
336-1 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 the elementary and secondary schools
within the Township.
(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.
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 provision of P.L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence 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 §
336-1 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, shall not be deemed to be an official finding and record that such property is not used for school purposes. The absence of such depiction may be 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 or any other reason.
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 satisfied.