[Ord. No. 24-88, § 1; No. 18-98, § 2; No. 15-2005,
§ 2]
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 map annexed hereto and made a part hereof entitled "Drug Free
Zones, Borough of Morris Plains, Morris County, NJ,"[1] prepared on or about September 18, 1998, by the Borough
Engineer, and revised through August 22, 2005, be and it is hereby
approved and adopted as an official finding and record of the location
and areas within the Borough of Morris Plains of:
(a)
Property used for school purposes 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.
(b)
Property comprising all public parks, public buildings or within
500 feet of such property.
[1]
Editor's Note: Said map is on file in the Borough offices
and may be examined there during regular business hours.
[Ord. No. 24-88, § 2; No. 18-98, § 3]
The Drug-Free Zones Map approved and adopted pursuant to Section 8A-1 of 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 which is used for school purposes and the location and boundaries of areas on or within 500 feet of a public park or 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 school property, public parks or public buildings and drug-free zones.
[Ord. No. 24-88, § 3]
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 properly notify the Borough Engineer
and the Borough 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.
[Ord. No. 24-88, § 4]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 8A-1 of 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 hereby further directed that a true copy of such map and of this chapter shall be provided without cost to the Morris County Clerk and to the office of the Morris County Prosecutor.
[Ord. No. 24-88, § 5; No. 18-98, §§ 4, 5]
The following additional matters are hereby determined, declared,
recited and stated:
(a)
It is understood that the map approved and adopted pursuant to Section 8A-1 of 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 which is owned by or leased to
such schools or a School Board.
(3)
Such school 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 boundaries of the real property within the Borough which comprise
a park, recreation facility or area or playground owned or controlled
by a state, county or local government unit.
(6)
The boundaries of the real property of any publicly owned or leased
library or museum.
(7)
The location and boundaries of areas which are on or within 500 feet
of such public parks or public buildings.
(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).
(c)
Pursuant to the provisions of P.L. 1988, c. 44 and P.L. 1997, c. 327, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offenses defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to Section 8A-1 of this chapter. 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, a public housing facility as defined by P.L. 1997, c. 327, a park, recreation facility or area or playground owned or controlled by a state, county or local government unit or a publicly owned or leased library or museum, 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 that such property is not a public housing facility, public park, or public building as defined in P.L. 1997, c. 327.
(d)
All of the requirements set forth in P.L. 1988, c. 44, concerning
the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with.
