[HISTORY: Adopted by the Township Council of the Township
of Hamilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 86, § 86-8, of the 1994 Code of
Ordinances]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug-Free School Zone Maps produced on or about August
29, 1988, by John D. Reymann, P.E., Township Engineer, are hereby
approved and adopted as an official finding and record of the location
and areas within the Township 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 Zone Maps approved and adopted pursuant to § 196-1 of this article 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 until such time, if any, that this article 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 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 promptly notify the Township Engineer
and the Municipal 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.
The Clerk of the Township is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to § 196-1 of this article and to provide at a reasonable cost true copies thereof to any person, agency or court which may from time to time request such copies, along with a certification that such copies are true copies of the maps approved and adopted in this article and kept on file. It is hereby further directed that true copies of such maps and of this article shall be provided without cost to the County Clerk and to the office of the County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the maps approved and adopted pursuant to § 196-1 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that, pursuant to state law, such maps shall constitute prima facie evidence of the following:
(1)
The location of elementary and secondary schools within the Township;
(2)
The boundaries of the real property which is owned by or leased to
such schools or a school board;
(3)
That such school property is and continues to be used for school
purposes; and
(4)
The location and boundaries of areas which are on or within 1,000
feet of such school property.
B.
Pursuant to the provisions of state statute, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in N.J.S.A. 2C:35-7, including use of maps or diagrams other than the ones approved and adopted pursuant to § 196-1 of this article. The failure of the maps approved in this article 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.
C.
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of Drug-Free School Zone Maps
have been complied with.
