[Adopted as Sec. 3-8 (Ord. No. 88-17) of the 1977 Revised General
Ordinances]
Pursuant to the authority of the Public Laws
of New Jersey, 1988, Chapter 44 (N.J.S.A. 2C:35-7), there are hereby
established Drug-Free School Zone Maps as promulgated by Norton B.
Rodman, P.E., Municipal Engineer for the Township of Blairstown, which
maps are dated August 24, 1988. One map has been adopted for each
school located within the Township. They are hereby adopted as the
official records of areas located within the Township of Blairstown
of property which are used for school purposes and which are owned
or leased to any private or public elementary or secondary school
or board of education, and of the areas on or within 1,000 feet of
any such school property.
The Drug-Free School Zone Maps approved and adopted pursuant to §
95-1 of 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 public, private or parochial elementary or secondary school or board of education which are 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 board of education, 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 Township Attorney of the Township of Blairstown
of any changes or contemplated changes in the location and boundaries
of any property owned by or leased to any public, private or parochial
elementary or secondary school or board of education and which is
used for school purposes.
The Clerk of the Township of Blairstown is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to §
95-1 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 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 chapter shall be provided without cost to the Warren County Clerk and to the office of the Warren County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A. It is understood that the maps approved and adopted pursuant to §
95-1 of this chapter 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 maps shall constitute prima facie evidence of the following:
(1) The location of public, private, or parochial 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 board of education;
(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 maps, all of the property depicted on
the maps approved and adopted herein as school property was owned
by or leased to a school or board of education 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 Public Laws of 1988, Chapter 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 §
95-1 of this chapter. 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, 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 Public Laws of
1988, Chapter 44, concerning the preparation, approval and adoption
of a drug-free school zone map have been complied with.