[HISTORY: Adopted by the Township Committee (now Township
Council) of the Township of Eastampton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-30-1988 by Ord. No. 1988-18 (Ch. 44 of the 1974
Township Code)]
[Amended 7-21-1994 by Ord. No. 1994-06; 3-7-2005 by Ord. No.
2005-05; 7-11-2005 by Ord. No. 2005-17]
In accordance with and pursuant to the authority of P.L. 1988,
c. 44 (N.J.S.A. 2C:35-7), and P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1),
the Drug-Free Zone Map produced March 18, 2005, by Patrick S. Vitarelli
of Environmental Resolutions, Inc., Township Planner, which replaces
previous maps produced in March 1998 by Richard A. Alaimo Associates,
is hereby approved and adopted as an 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 an elementary
or secondary school or School Board, and of the areas on or within
1,000 feet of such school property, and for public housing facilities,
public parks or publicly owned or leased libraries or museums as defined
in P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), and of the areas on or
within 500 feet of such public housing facilities, public parks, public
buildings or publicly owned or leased libraries or museums.
The Drug-Free School and the Drug-Free Park and Public Building Map approved and adopted pursuant to § 226-1 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 and which is used for school purposes and shall further constitute an official finding and record as to the location and boundaries of property used as parks and boundaries of parks and as to property used for public buildings 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 and parks and drug-free park 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 Manager
and the Township 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 Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 226-1 of this article and to provide at a reasonable cost, as provided by Township Council by resolution, 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 Clerk of Burlington County and to the office of the Burlington County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to § 226-1 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, such map shall constitute prima facie evidence of the following:
(1)
The location of elementary and secondary schools within the municipality
and public buildings within the municipality.
(2)
The boundaries of the real property which is owned by or leased to
such schools or a School Board; the boundaries of the real property
used as parks; and the boundaries of the real property used as public
buildings.
(3)
That such school property is and continues to be used for school
purposes; that such property is and continues to be used for parks;
and that such property is and continues to be used as public buildings.
(4)
The location and boundaries of areas which are on or within 1,000
feet of such school property; the location and boundaries of areas
which are on or within 500 feet of a park; and the location and boundaries
of areas which are on or within 500 feet of a public building.
B.
All of the property depicted on the map approved and adopted herein
as school property was owned by or leased to a school or School Board
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); all of
the property located on the map and depicted as parks was being used
for park purposes as of January 9, 1998; and all of the property located
on the map and depicted as public buildings was being used as public
buildings as of January 9, 1998.
C.
Pursuant to the provisions of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), and P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), 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 § 226-1 of this article. The failure of the 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 School Board, and/or parks and/or public buildings, 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, park or public building purposes.
D.
All of the requirements set forth in P.L. 1988, c. 44 (N.J.S.A. 2C:35-7),
concerning the preparation, approval and adoption of a Drug-Free School
Zone Map have been complied with.
E.
All of
the requirements set forth in P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1),
concerning the park and preparation, approval and adoption of a Drug-Free
Public Building Map have been complied with.
