[HISTORY: Adopted by the Township Committee of the Township
of Morris as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-12-1988 by Ord. No. 23-88 (Ch. 9 of the 1969 Code)]
In accordance with and pursuant to the authority of P.L. 1988,
c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on
or about August 1988 by Allen Herbert, Municipal Engineer, is hereby
approved and adopted as an official finding and record of the location
and areas within the municipality 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 Map approved and adopted pursuant to § 237-1 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 Municipal 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 municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 237-1 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 cost to the County Clerk and to the office of the Morris 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 § 237-1 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 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)
That 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.
B.
All of the property depicted on the map approved and adopted herein
as school property was owned by 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,[1] 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 § 237-1 of this article. The failure of the map approved therein 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.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.
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.
[Adopted 12-2-1998 by Ord. No. 26-98 (Ch. 9A of the 1969
Code)]
In accordance with and pursuant to the authority of P.L. 1997,
c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Public Facilities Map produced
on or about June 1998 by Hamid Ghadimy, Municipal Engineer for the
Township of Morris, is hereby approved and adopted as an official
finding and record of the location and boundaries of the area or areas
on or within 500 feet of a public housing facility, a public park
or a public building.
The Drug-Free Public Facilities Map approved and adopted pursuant to § 237-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of those areas on or within 500 feet of a public housing facility, public park or public building, 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 public properties.
The Clerk of the Township of Morris is hereby directed to receive
and to keep on file the original of the map approved and adopted pursuant
to 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. The Clerk
is hereby further directed to provide a true copy of such map and
certification, without cost, to the office of the Morris County Prosecutor,
upon request.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to 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 location
and boundaries of the area or areas on or within 500 feet of a public
housing facility, a public park or a public building.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1e, the prosecution
is not precluded from introducing or relying on any other evidence
or testimony to establish any element of an offense committed pursuant
to P.L. 1997, c. 327, nor shall this article be construed to preclude
the use or admissibility of any map or diagram other than one which
has been approved by the governing body of this municipality, provided
that the map or diagram is otherwise admissible pursuant to the rules
of evidence.[1]
