[HISTORY: Adopted by the Township Committee of the Township
of Middletown 9-21-1988 by Ord.
No. 2067; amended in its entirety 4-20-2009 by Ord. No. 2009-2958 (Ch. 116 of the 1996 Township Code). Subsequent amendments noted
where applicable.]
A.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7
and 2C:35-7.1, a revised and updated Drug-Free Zone Map was produced
on or about February 24, 2009 by Janki Patel, P.P. and certified by
Township Engineer Joseph E. Maloney, P.E., on April 20, 2009.
B.
This updated map for the one-thousand-foot drug-free school zone
is hereby approved and adopted as the official finding and record
of the location of areas within the municipality of property which
are used for school purposes, and which are 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.
C.
This map is also hereby approved and adopted as the official finding
and record of the location of areas within the municipality of property
which are within 500 feet of real property comprising a public housing
authority, a public park, or a public building as defined pursuant
to N.J.S.A. 2C:35-7.1.
A.
The Drug-Free Zone Map approved and adopted pursuant to § 223-1 of this chapter 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, the Township Committee, with the recommendation of the Township Engineer and the Police Chief, adopt a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of school property and drug-free zones.
B.
The same Drug-Free Zone Map approved and adopted pursuant to § 223-1 of this chapter shall also continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of real property comprising a public housing facility, public park, or a public building as defined under N.J.S.A. 2:35-7.1 until such time, if any, the Township Committee, with the recommendation of the Township Engineer and the Police Chief, adopt a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of real property comprising a public housing facility, public park, or a public building and drug free zones within 500 feet thereof.
The school board, or chief administrative officer, in the case
of any private or parochial school, Township Administrator, or public
housing facility executive director and/or administrator, as the case
may be, is hereby directed and shall have the continuing obligation
to promptly notify the Township Engineer, Police Chief and Township
Attorney of any changes, or contemplated changes, in the location
and boundaries of any property owned or leased by their school(s),
the Township, or public housing facility, as applicable.
The Township Clerk is hereby directed to receive and keep on file the original certified Drug-Free Zone Map approved and adopted pursuant to § 223-1 of this chapter and to provide at a reasonable cost, or as defined pursuant to the Open Public Records Act, 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 chapter shall be provided without cost to the County Clerk, the Office of the Monmouth County Prosecutor and Middletown Township Police Department.
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the Drug-Free Zone Map approved and adopted pursuant to § 223-1 of this chapter was prepared and is intended to be used as evidence in prosecutions arising under the criminal law of this state, and that, pursuant to state law, such map shall constitute prima facie evidence of the following:
(1)
The location of any secondary schools within the municipality;
(2)
The boundaries of 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;
(5)
The location of public housing facilities, public parks and public
buildings within the municipality as defined by N.J.S.A. 2C:35-7.1;
(6)
The boundaries of real property which is owned by or leased or used
as public housing facilities, public parks and public buildings; and
(7)
The location and boundaries of areas which are on or within 500 feet
of public housing facilities, public parks and public buildings.
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 at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to § 223-1 of this chapter.
C.
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 public housing facilities, public parks and public buildings were owned by, or leased to a state, county or local government or agency or instrumentality thereof at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to § 223-1 of this chapter.
D.
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in the statute, including the use of a map or diagram other than the one approved and adopted pursuant to § 223-1 of this chapter. 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, or meeting the definitions of a public housing facility, public park or public building, 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 properties are not owned, leased or used by the entities or for the purposes described.
E.
All the provisions set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1
concerning the preparation, approval and adoption of a Drug-Free Zone
Map have been complied with.
