[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jackson 8-23-1999 by Ord. No. 18-99 (Ch. 52 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 86.
Smoking — See Ch. 357.
In accordance with, and pursuant to, the authority of N.J.S.A. 2C:35-5 and 2C:35-7, the Drug-Free Zone Map produced by John E. Walsh, P.E., under date of July 22, 1999, as the Jackson Township Municipal Engineer, is hereby approved and adopted by the Township of Jackson 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 Zone Map 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 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 chapter 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 Township of Jackson shall have the continued obligation to promptly notify the Municipal Engineer and the Township 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 Township of Jackson 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 chapter 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) 
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 a 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 a 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.