[Ord. No. 3606, 9-14-1999, § 1]
Pursuant to the authority of Laws of 1988, c. 44 (N.J.S.A. 2C:35-7),
the map showing drug-free school zones (hereafter "map"), prepared
by Azzolina Engineering Company (1970), revised by the Teaneck Engineering
Department (1978) and redrawn by Schwanewede/Hals Engineering, dated
September 30, 1998, and revised July 22, 1999, is hereby approved
and adopted as an official finding and record of the location and
areas within the municipality of real property which is used for school
purposes and which is owned by the Teaneck Board of Education and
real property leased to any elementary or secondary school, and of
the areas on or within 1,000 feet of school property, and in, on or
within 500 feet of the real property comprising a public housing facility,
a public park or a public building as defined in N.J.S.A. 2C:35-7.1.
[Ord. No. 3606, 9-14-1999, § 2]
The map shall continue to constitute an official finding and
record as to the location and boundaries of areas on or within 1,000
feet of real property owned by the Teaneck Board of Education and
real property leased to any elementary or secondary school and used
for school purposes and in, on or within 500 feet of the real property
comprising a public housing facility, a public park or a public building
as defined in N.J.S.A. 2C:35-7.1, until such time, if any, that this
article shall be amended by adoption of an ordinance or resolution
of the Council to reflect any additions or deletions with respect
to the location and boundaries of school property and drug-free school
zones or real property comprising a public housing facility, a public
park or a public building as defined in N.J.S.A. 2C:35-7.1.
[Ord. No. 3606, 9-14-1999, § 3]
The Teaneck Board of Education and 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 real property owned
by the Teaneck Board of Education and any real property leased to
any elementary or secondary school and used for school purposes. The
Teaneck Township Manager 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 real property comprising a public housing facility,
a public park or a public building as defined in N.J.S.A. 2C:35-7.1.
[Ord. No. 3606, 9-14-1999, § 4]
The Township Clerk is hereby directed to receive and to keep
on file the original of the map 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 Bergen
County Clerk and to the office of the Bergen County Prosecutor.
[Ord. No. 3606, 9-14-1999, § 5]
The following additional matters are hereby determined, declared,
recited and stated:
(a)
It is understood that the map approved and adopted by 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 real property owned by the Teaneck Board of
Education and real property leased to such schools.
(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 housing facilities, public parks and
public buildings as defined in N.J.S.A. 2C:35-7.1.
(6)
That such public housing facilities, public parks and public
buildings continue to be used for these purposes.
(7)
The location and boundaries of areas which are in, on or within
500 feet of such properties.
(b)
All of the property depicted on the map approved and adopted herein
as school property was owned by the Teaneck Board of Education or
leased by the Teaneck Board of Education to a school and is being
used for school purposes as of July 22, 1999, or public housing facilities,
public parks and public buildings continue being used for these purposes
as of July 22, 1999.
(c)
Notwithstanding the adoption of this article, any duly authorized Municipal
or County Prosecutor is not precluded from introducing or relying
upon any other evidence or testimony to establish a violation of the
offense defined in N.J.S.A. 2C:35-7, including use of a map or diagram
other than the one approved and adopted pursuant to this article.
The failure of this 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 which is a public housing facility, a public park or a public building
as defined in N.J.S.A. 2C:35-7.1, 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 that such property is not used for school
purposes or is not a public housing facility, a public park or public
building as defined in N.J.S.A. 2C:35-7.1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
All of the requirements set forth in N.J.S.A. 2C:35-7, concerning
the preparation, approval and adoption of a Drug-Free School Zone
Map, and all of the requirements set forth in N.J.S.A. 2C:35-7.1 have
been complied with.
(e)
The definition of "school purposes" as used in this article shall
mean all municipal schools and all private and parochial schools that
have been properly licensed or certified by the State of New Jersey
as schools permitted to perform their functions in the Township of
Teaneck. All such private and parochial schools shall be required
to pay to the Township for the cost of the signs required and the
installation of such signs.
