[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan 10-10-2000; amended in its entirety 9-24-2002 (Ch. 24A, Art. I, of the 1966 Code). Subsequent amendments noted where applicable.]
The drug-free zone maps produced and attached hereto[2] are hereby approved and adopted as official findings and records of the locations 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 property. The school properties included are as follows:
Map
School Name
Exhibit A
Kennedy School
Exhibit B
St. Ann's School
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Said maps are on file in the Borough offices.
The drug-free public property zone maps produced and attached hereto[1] are hereby approved and adopted as official findings and records of the locations and areas within the municipality of property which is used for public housing, public park, or public building purposes and of the areas on or within 500 feet of such property. The properties included are as follows:
Map
Name
Exhibit D
Raritan Borough Library
Exhibit E
Frelinghuysen Park
Exhibit F
Basilone Park
Exhibit G
Washington School Park
Exhibit H
Park and tennis courts located off First Avenue near railroad underpass
Exhibit I
Elizabeth Avenue Park
Exhibit J
Canal Street Park
Exhibit K
Cardinal Woods Park
Exhibit L
Park located behind Raritan Mall near Busky Lane
Exhibit M
Park located near Canal Street and Thompson Street intersection
[1]
Editor's Note: Said maps are on file in the Borough offices.
A copy of each map adopted pursuant to this chapter shall be maintained in the office of the Borough Clerk, together with a copy of this duly adopted chapter.
The drug-free zone maps approved and adopted pursuant to 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 elementary or secondary school or school board which is 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 of boundaries of school property and drug-free zones.
The school board or chief administrative office in the case of any private or parochial school is hereby directed and shall have the continuing obligation to properly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned or leased to any elementary or secondary school or school board and which is used for school purposes.
The Borough Engineer, together with the Public Works Department, shall undertake to post "drug-free zone" signs to advise the public that the Borough of Raritan enforces drug-free zones. However, it is not intended by the Borough that any persons shall be entitled to rely on the existence or nonexistence of such signs to indicate the limits of the drug-free zones, and the official drug-free zone maps shall, in all events, serve as the Borough's presumptive evidence of the limits of the drug-free zones.
The Clerk of the Borough is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to 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 map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this chapter shall be provided, without cost, to the County Clerk and to the office of the Somerset County Prosecutor.
A. 
As permitted by N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, maps approved and adopted pursuant to this chapter may be used as evidence in prosecutions arising under the criminal laws of the state, and pursuant to state law, such map shall constitute prima facie evidence of the following:
(1) 
The location of elementary schools, secondary schools, public housing facilities, public parks and public buildings within the municipality;
(2) 
The boundaries of the real property which is utilized as referenced above;
(3) 
That such property is and continues to be used for such purposes;
(4) 
The location and boundaries of areas which are on or within 1,000 feet of school property and 500 feet of public housing, public parks and public buildings.
B. 
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor shall not be precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in the statute, including use of a map or diagram other than the one approved and adopted pursuant to this chapter. The failure of any map approved herein to depict the location of boundaries of any property which is, in fact, used for any purposes described herein, 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 used for the herein-referenced purposes.
The maps approved pursuant to this chapter may be changed from time to time pursuant to N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, as may be necessary, to include or delete certain properties which may become, or which may no longer be, properties used for the purposes described herein.