[Adopted 11-23-1998 by Ord. No. 10-98 (Ch. 59, Art. II, of
the 1977 Township Code)]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7.1, as amended, the Drug-Free Public Building, Park and Recreation
Zone Map produced on or about October 10, 1998 by Ernst, Ernst &
Lissenden, Eagleswood Township Engineer, is hereby approved and adopted
as an official finding and record of the location and area within
the Township of Eagleswood which is used as a public building or for
public park and recreational purposes and which is owned and/or maintained
by the Township of Eagleswood and of the areas on or within 500 feet
of such real property.
The following words and terms shall have the meanings herein
indicated for the purposes of this article:
Any publicly-owned or leased library or museum as defined
pursuant to N.J.S.A. 2C:35-7.1.
A park, recreational facility or area playground owned or
controlled by a state, county or local government unit as defined
pursuant to N.J.S.A. 2C:35-7.1.
All the area shown to be included within the public building, park and recreation zone as depicted on the map established by § 124-8 of this article is hereby designated as either a public park constituting recreational areas and facilities or as a public building as depicted in the map referred to above.
The Drug-Free Public Building, Park and Recreation Zone Map approved and adopted pursuant to § 124-8 of this article shall constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned and/or maintained by the Township of Eagleswood which is used for public buildings, parks or recreational purposes until such time as this article is amended to reflect any additions or deletions with respect to the location and boundaries of the public parks and recreational property and the drug-free public building, park and recreation zones.
The Township Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to § 124-8 of this article 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 hereby further directed that a true copy of such map and of this article shall be provided without costs 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 § 124-8 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 the public buildings, parks and recreational areas
and facilities that are within the municipality;
(2)
The boundaries of the real property which is owned and/or maintained
by the Township of Eagleswood for public park and recreational use
or for use as a public building;
(3)
That such public property is and continues to be used as public buildings
or for park and recreational purposes; and
(4)
The location and boundaries of the areas which are on or within 500
feet of such public buildings, park and recreational areas.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, as amended, 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 § 124-8 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used as a public building or for public park and recreational purposes, 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 in a revised approved map, shall not be deemed to be an official finding and record that such property is not owned, maintained or used by the Township of Eagleswood or that such property is not used as a public building or for public park and recreational purposes.
C.
All of the requirements set forth in N.J.S.A. 2C:35-7.1, as amended,
concerning the preparation, approval and adoption of a Drug-Free Public
Building, Park and Recreation Zone Map have been complied with.
