[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 4-6-2000 by Ord. No. 1260 (Ch. 28 of the 1970 Borough
Code). Amendments noted where applicable.]
In accordance with, and pursuant to, the authority of N.J.S.A.
2C:35-7 and 2C:35-7.1, the Drug-Free Zone Map produced by John E.
Walsh, P.E., as Seaside Park Municipal Engineer under date of January
21, 1999, and under Index Number 73-000.041, as revised on July 6,
1999, and February 16, 2000, is hereby approved and adopted by the
Borough of Seaside Park as an official finding and record of the location
and areas within the municipality of property which are used for school
purposes, which are owned by, or leased to, any elementary or secondary
school or school board, and the areas within 1,000 feet of such school
property; and areas within the municipality of property that comprise
any public housing facility, public park, or other public building,
and the areas within 500 feet of such public property.
The Drug-Free Zones Map approved and adopted pursuant to this
section 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 areas on or within 500 feet of property that
comprises a public housing facility, public park, or other public
building, until such time, if any, that this section shall be amended
to reflect any additions or deletions with respect to the location
and boundaries of said properties and the drug-free zones.
The school board, or the chief administrative officer, in the
case of any private or parochial school, the Board of Trustees of
the Public Library, and any other public or quasi-public agency or
body having ownership and/or control of any public lands within the
Borough of Seaside Park shall have the continued obligation to promptly
notify the Borough Engineer and the Borough Attorney of any changes
or contemplated changes in the location and/or boundaries of any public
property which creates a one-thousand-foot or five-hundred-foot drug-free
zone.
The Clerk of the Borough of Seaside Park is hereby directed
to receive and to keep on file the original 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 further directed that a true copy of such map and of
this section shall be provided to the County Clerk and to the Office
of the Ocean 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 this
chapter 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 the real property that is, and continues to be
used for school purposes.
(3)
That such 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 property that comprises a public housing facility,
public park, or other public building within the municipality.
(6)
The boundaries of the real property that is, and continues to be
used for public housing facility, public park, or other public purpose.
(7)
The location and boundaries of areas which are on, or within, 500
feet of such public property.
B.
A prosecutor is not precluded from introducing or relying upon any
other evidence or testimony to establish a violation of any offense
defined in the statutes of this state, including the use of a map
or diagram other than the one approved and adopted pursuant to this
chapter. The failure of the map approved and adopted herein to depict
the location and boundaries of any property which is, in fact, used
for school purposes, or for public purposes, or 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
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, or public housing
facility, public park, or other public purpose within the municipality.
C.
The Municipal Engineer has complied with the statutory requirements
concerning the preparation, approval and adoption of a drug-free zone
map.
