[Ord. No. 20-07 § 176-1]
In accordance with and pursuant to the authority of (N.J.S.A.
2C:35-7 and N.J.S.A. 39:4-50(g) the Drug and Alcohol Free School Zone
Map attached hereto and prepared by Remington, Vernick & Walberg,
City Engineer, is hereby approved and adopted as an official finding
and record of the location and areas within the City of Absecon of
property which is used for school purposes and which is owned by the
Board of Education of the City of Absecon or a private or parochial
school and the area on or within 1,000 feet of such school property.
[Ord. No. 20-07 § 176-2]
The Drug Free School Zone Map approved and adopted pursuant
to paragraph above of this Article shall continue to constitute an
official find and record as to the location and boundaries of areas
on or within 1,000 feet of property owned or leased to any elementary
or secondary school or school board which is used for school purposes
until such time, 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.
[Ord. No. 20-07 § 176-3]
The Board of Education of the City of Absecon, the chief administrative
officer in the case of such or of parochial schools, is hereby directed
and shall have the continuing obligation to promptly notify the City
Administrator 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. 20-07 § 176-4]
The City Clerk of the City of Absecon is hereby directed to
receive and to keep on file the original of the map approved and adopted
pursuant to section above 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 of Atlantic County and to the Offices of the Municipal
and County Prosecutors.
[Ord. No. 20-07 § 176-5]
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to section
above 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)
Such school property is and continues to be used for school purposes.
(4)
The locations 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 (See N.J.S.A. 2C:35-1)
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 section above 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 the requirements set forth in P.L. 1988 c. 44 (See N.J.S.A. 2C:35-1
and N.J.S.A. 39:4-50 (g)) Concerning the preparation, approval and
adoption of a Drug Free School Zone Map have been complied with.
[Ord. No. 20-07 § 176-6]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7.1 the map attached hereto and made a part of this Article
by reference is officially adopted by the City Council of the City
of Absecon as a map showing drug-free areas pursuant to N.J.S.A. 2C:35-7.1.
Said map was prepared by Remington, Vernick & Walberg, City Engineer,
is hereby approved and adopted as an official finding and record of
the location and areas within the City of Absecon being within 500
feet of property comprising a public housing facility, public park
or a public building, all of such terms as defined in N.J.S.A. 2C:35-7.1.
[Ord. No. 20-07 § 176-7]
The Map approved and adopted pursuant to paragraph above of
this Article shall continue to constitute an official find and record
as to the location and boundaries of areas within 500 feet of a public
housing facility, a public park or a public building until such time,
that this Article shall be amended to reflect any additions or deletions
with respect to the location and boundary lines.
[Ord. No. 20-07 § 176-8]
The City Clerk of the City of Absecon is hereby directed to
receive and to keep on file the original of the map approved and adopted
pursuant to section above 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.
[Ord. No. 20-07 § 176-9]
Nothing in this Article is intended to in any way repeal the
Drug Free School Zone Map which is adopted pursuant hereto. The map
adopted pursuant to this Article is intended only to show property
on or within 500 feet of any public housing facility, a public park
or public building.
[Ord. No. 20-07 § 176-10]
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to section
above 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 N.J.S.A. 2C:35-7.1, such map shall constitute prima
facie evidence of the location and boundary of those areas on or within
500 feet of a public housing facility, a public park or public building.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1 nothing in this
Article shall be construed to preclude the prosecution of any criminal
matter from introducing or relying upon any other evidence or testimony
to establish any element of a required offense; nor shall this Article
be construed to preclude the use or admissibility of any map or diagram
other than the one which has been approved pursuant to this Article,
provided that said map or diagram is otherwise admissible pursuant
to the Rules of Evidence. This includes evidence of any area on or
within 500 feet of real property comprising a public housing facility,
a public park or public building which is not contained on the map
adopted by this Article because of the inadvertent omissions of the
same or due to changes in the locations and boundaries of such property
or the acquiring of such property by the City of Absecon.
