[HISTORY: Adopted by the Township Committee of the Township
of Mendham as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 19-1988 (Sec. 3-8 of the 1998 Revised General Ordinances)]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug-Free School Zones Map entitled "Drug-Free School
Zones Map, Township of Mendham, Morris County, New Jersey" dated September
1, 1988, and prepared by Charles I. Balut, P.E., Mendham Township
Engineer, the original of which is on file in the office of the Township
Clerk, is hereby approved and adopted as an official finding and record
of the location and areas within the Township of Mendham of property
which is used for school purposes and 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.
The Drug-Free School Zones Map approved and adopted pursuant to § 142-1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of a property owned by or leased to any elementary or secondary school or school board which is used for school purposes 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 school property and Drug-Free School Zones.
The Township Clerk is hereby directed to keep on file the original of the map approved and adopted pursuant to § 142-1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted hereby and kept on file. It is hereby further directed that certified true copies of such map and of this article shall be provided without cost to the Morris County Clerk and to the office of the Morris County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.Â
It is understood that the map approved and adopted pursuant to § 142-1 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)Â
The location of elementary and secondary schools within the Township;
(2)Â
The boundaries of the real property which is owned by or leased to
such schools or a school board;
(3)Â
That such school property is and continues to be used for school
purposes; and
(4)Â
The location and boundaries of areas which are on or within 1,000
feet of such school property.
B.Â
All of the property depicted on the map approved and adopted hereby
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, Chapter 101, N.J.S.A. 2C:35-7.
C.Â
Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 § 142-1. The failure of the map approved hereby 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, 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.
D.Â
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a Drug-Free School Zones
Map have been complied with.
