[Adopted 8-3-2009 by Ord. No. 09-11]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug Free School Zone Map produced on or about May 20,
2009, by Michael J. McClelland, P.E., of CME Associates, consulting
engineers for the Township of North Brunswick (referred to as the
"Drug Free School Zone Map") is hereby approved and adopted as an
official finding and record of the location and areas within the Township
of North Brunswick of properties 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 on or within 1,000 feet of such school
property.
[1]
Editor's Note: Said map is on file in the office of the Township
Clerk.
The Drug Free School Zone Map approved and adopted pursuant to § 238-22 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 of
North Brunswick Engineer and the Township of North Brunswick 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 Clerk of the Township of North Brunswick is hereby directed to receive and to keep on file the original of the Drug Free School Zone Map approved and adopted pursuant to § 238-22 of this article and to provide, at a cost of $5 per map, 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 Drug Free School Zone Map approved and adopted herein by § 238-22 and kept on file. It is hereby further directed that a true copy of such Drug Free School Zone Map and of this article shall be provided without cost to the County Clerk and to the office of the Middlesex County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated for the purpose of this article:
A.
It is understood that the Drug Free School Zone Map approved and adopted pursuant to § 238-22 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, each Drug Free School Zone Map shall constitute prima facie evidence of the following:
(1)
The location of elementary and secondary schools within the Township
of North Brunswick;
(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; and
(4)
The location and boundaries of areas which are on or within 1,000
feet of such school property.
B.
Except as otherwise expressly noted on the face of the approved and
adopted Drug Free School Zone Map, all of the property depicted on
the Drug Free School Zone Map approved and adopted herein as school
property was owned or leased by or to a school or school board and
is being used for school purposes.
C.
Pursuant to the provisions of N.J.S.A. 2C:35-7 et seq., 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 Drug Free School Zone Map approved and adopted pursuant to § 238-22 of this article. The failure of the Drug Free School Zone Map approved and adopted by this article 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 Drug Free School Zone 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 N.J.S.A. 2C:35-7 et seq. concerning
the preparation, approval and adoption of a Drug Free School Zone
Map have been complied with.
