[Amended 10-20-2004 by Ord. No. 120-2004; 9-17-2008 by Ord. No.
85-2008; 3-20-2019 by Ord. No. 4-2019]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, N.J.S.A. 2C:35-7.1, and Ordinance No. 31 of 1995, a Drug-Free
School Zone Map approved and adopted, as revised December 27, 2018,
and as certified by the City Engineer, is the official finding and
record of the location 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 school property.
[Amended 10-20-2004 by Ord. No. 120-2004; 9-17-2008 by Ord. No.
85-2008; 3-20-2019 by Ord. No. 4-2019]
The Drug-Free School Zone Map approved and adopted pursuant to a §
64-1, as revised December 27, 2018, and as certified by the City Engineer shall also constitute the Weapon-Free School Zone Map of the City of Atlantic City.
It is the intent of this chapter to designate any and all Drug-Free
School Zones in the City of Atlantic City as Weapon-Free School Zones
as well. Therefore, Ordinance Number 31 of 1995, to the extent necessary
and appropriate, is incorporated herein to effectuate this intent.
[Added 1-24-2001 by Ord. No. 80-2001 amended 10-20-2004 by Ord. No.
120-2004; 9-17-2008 Ord. No. 85-2008; 3-20-2019 by Ord. No. 4-2019]
In accordance with and pursuant to the authority of N.J.S.A.
39:4-50, the Driving while Intoxicated, a DWI Zone Map, has been approved
and adopted, as revised December 27, 2018, and as certified by the
City Engineer as an official finding and record of the location and
areas within the municipality's 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 school property.
[Added 6-27-2007 by Ord. No. 39-2007]
As used in this article, the following terms shall have the
meanings indicated:
WEAPON
Anything readily capable of lethal use or of inflicting serious
bodily injury. The term includes, but is not limited to, all (1) firearms,
even though not loaded or lacking a clip or other component to render
them immediately operable; (2) components which can be readily assembled
into a weapon; (3) gravity knives, switchblade knives, daggers, dirks,
stilettos, or other dangerous knives, billies, blackjacks, bludgeons,
metal knuckles, sandclubs, slingshots, leather bands studded with
metal filings or razor blades embedded in wood; and (4) stun guns;
and any weapon or other device which projects, releases, or emits
tear gas or any other substance intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise
dispensed in the air.
In addition to, but not in conflict with, the restrictions and
penalties imposed under N.J.S.A. 2C:39-2 (Unlawful Possession of Weapons)
and other applicable provisions of law, the following additional restrictions
and penalties shall be applicable within the corporate boundaries
of the City of Atlantic City:
A. No person shall:
(1) Knowingly have in his possession any weapon while in or within 1,000
feet from the outermost boundaries of buildings or grounds owned or
leased by any school, college, university or other educational institution
used for school purposes; and
(2) Possess that weapon in violation of any law of this state.
B. It shall not be a defense to a prosecution for a violation of this
section that the actor was unaware that the prohibited possession
took place while in or upon any part of the buildings of any school,
college, university or other educational institution or within 1,000
feet from school property. It shall not be a defense to a prosecution
under this section that no juveniles or students were present on the
school property at the time of the offense or that the school was
not in session.
C. In a prosecution under this section, a map produced or reproduced
by the City Engineer for the purpose of depicting the location and
boundaries of the buildings or grounds owned by or leased to any school,
school board, college, university or other educational institution
or used for school purposes, or within 1,000 feet from the outermost
boundaries of those buildings or grounds, or a true copy of such a
map, shall be admissible upon proper authentication, and shall constitute
prima facie evidence of the location and boundaries of those areas,
provided that the City Council has adopted a resolution or ordinance
approving the map as the official finding and record of the location
and boundaries of those areas, which areas shall hereinafter be referred
to as "Weapons-Free School Zones." Any map approved pursuant to this
section may be changed from time to time by the City Council. The
original of every map approved or revised pursuant to this section,
or a true copy thereof, shall be filed with the Clerk of the City,
and shall be maintained as an official record of the City. Nothing
in this section shall be construed to preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish
any element of this offense; nor shall this section be construed to
preclude the use or admissibility of any map or diagram other than
one which has been approved by the City Council, provided that the
map or diagram is otherwise admissible pursuant to the rules of evidence.
D. The provisions of this section shall not apply to any person who,
in conformance with the provisions of N.J.S.A. 2C:39-6, N.J.S.A. 2C:58-4
or any other provisions of law, is permitted or authorized to possess
a weapon.
E. Nothing in this section shall be deemed to preclude, if evidence
so warrants, an indictment and conviction for a violation of other
provisions of law concerning the unlawful possession of a weapon.
[Amended 11-25-2008 by Ord. No. 104]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both.