[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 88-8 (Ch. XV of the 1974 Revised General Ordinances)]
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 September 7, 1988, by Ira Milovsky, P.E. 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 § 171-1 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 chapter 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 was
issued 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 § 171-1 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 Atlantic County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.
Map to constitute evidence. It is understood that the map approved and adopted pursuant to § 171-1 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.
School property depicted. 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.
Interpretation of map. 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 § 171-1 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.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.
