[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-3-1988 by Ord. No. 412-88]
In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug Free School Zone Map produced on or about April 6, 2015, by Maser Consulting, P.A., 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 § 215-1 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 § 215-1 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 § 215-1 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; and
(4)
The location and boundaries of areas which are on or within 1,000
feet of such school property.
B.
Except as is otherwise expressly noted on the face of the approved
and adopted map, 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 L. 1987, c. 101
(N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of L. 1988, c. 44, 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 § 215-1 of this article. 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, 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.
All of the requirements set forth in L. 1988, c. 44, concerning the preparation, approval and adoption of a Drug Free School Zone Map have been complied with.
[Adopted 5-4-2000 by Ord. No. 3-00]
The Drug Free School Zone Map produced on or about April 6, 2015, by Maser Consulting, P.A., is hereby approved and adopted as the Township's Drunk-Driving-Free School Zone Map pursuant to P.L. 1999, Ch. 185, and 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 on school land and of the areas on or within 1,000 feet of such school property for the purposes of this amendment.
The map approved and adopted pursuant to § 215-6 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 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 drunk-driving-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 office of the
Township Engineer and the Township 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 Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 215-6 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 Morris 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 this
article is intended to be used as evidence in prosecutions arising
under the criminal and traffic 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 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.
