[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim 10-6-1988 by Ord. No. 540; amended in its entirety 10-3-2013 by Ord. No. 07-13 (Ch. 8 of the 1973 Borough Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 85.
Curfew — See Ch. 140.
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 July 22, 2013, last revised August 12, 2013, by Federici & Akin, P.A., Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Mount Ephraim 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 § 152-1 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 Borough Engineer and the Borough Solicitor 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 Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 152-1 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 Camden 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 § 152-1 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 § 152-1 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 satisfied and complied with.
The governing body for the Borough of Mount Ephraim hereby adopts and approves the map prepared on or about July 22, 2013, last revised August 12, 2013, by Federici & Akin, P.A., Municipal Engineer, pursuant to N.J.S.A. 2C:35-7.1, which establishes and depicts the location and boundaries of the area on or within 500 feet of a public housing facility which is owned by or leased to a housing authority, the area in or within 500 feet of a public park or the area in or within 500 feet of a public building as defined in said statute for purposes of enforcing and prosecuting violations of N.J.S.A. 2C:35-7.1.
The map identified in § 152-6, upon the adoption of this article, shall become an official record of the Borough of Mount Ephraim, to be maintained and filed with the office of the Borough Clerk. A true copy of the map shall be provided at a reasonable cost to any person, agency or court which may from time to time request such a copy, together with a certification from the Municipal Clerk or Deputy Clerk that the copy is a true copy of the map approved and adopted herein and kept on file at the Borough Clerk's office. A certified copy of this map shall also be provided at no cost to the County Clerk and Camden County Prosecutor.
The following additional matters are hereby determined and stated:
A. 
It is understood that the map approved and adopted pursuant to § 152-6 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 public housing facilities, public parks or public buildings, as defined in N.J.S.A. 2C:35-7.1, within the municipality;
(2) 
The boundaries of the real property so identified;
(3) 
That such property is and continues to be used for the identified purposes; and
(4) 
The location and boundaries of areas which are on or within 500 feet of such property.
B. 
Pursuant to the provisions of 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 that statute, including use of a map or diagram other than the one approved and adopted pursuant to § 152-6 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 public purposes and which is owned by or leased as defined public property, 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 defined public entity, or that such property is not used for a defined public purpose.