[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 1.04 of the 2003 Mercer County Code (Ord. No. 88-32). Amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code
of Mercer County has been amended to delete the term “Board
of Chosen Freeholders” and replace it with the term “Board
of County Commissioners.” In addition, the terms “Freeholder”
and “Chosen Freeholder” have been deleted and replaced
by the term “County Commissioner.”]
A.
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 maps produced by each
of the municipalities of the County and currently on file with the
Mercer County Prosecutor's Office are approved and adopted as an official
finding and record of the location and areas within each 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.
B.
The drug-free school zone maps approved and adopted pursuant to Subsection A of this section 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 directed and shall have
the continuing obligation to promptly notify the municipal engineer
and the municipal police department 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 each municipality within the County is directed
to receive and to keep on file the original of the map approved and
adopted pursuant to this chapter 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 in this chapter
and kept on file. It is further directed that a true copy of such
map and of this chapter shall be provided without cost to the County
Clerk and to the office of the Mercer County Prosecutor.
The following additional matters are determined, declared, recited
and stated:
A.
It is understood that the maps approved and adopted pursuant to this
chapter were prepared and are intended to be used as evidence in prosecutions
arising under the criminal laws of this state, and that pursuant to
such 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 locations and boundaries of areas 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 maps, all of the property depicted on the maps approved
and adopted in this chapter 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 provision
of 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 major diagram
other than those approved and adopted pursuant to this chapter. The
failure of the maps approved in this chapter 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 revised approved maps, 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.
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.
A.
In accordance with and pursuant to the authority of P.L. 1997, c.
327,[1] each of the municipalities of the County may adopt drug-free
zone maps establishing drug-free zones within 500 feet of the real
property comprising a public housing facility, a public park, or a
public building. The drug-free zone maps shall be approved and adopted
by resolution or ordinance approving the map as an official finding
and record of the location and boundaries of the area on or within
500 feet of a public housing facility, a public park, or a public
building.
[Amended 10-22-2019 by Ord. No. 2019-5]
[1]
Editor's Note: See N.J.S.A. 2C:35-7.1.
B.
The drug-free zone maps approved and adopted pursuant to Subsection A of this section shall constitute prima facie evidence of 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 according to the Local Redevelopment and Housing Law, P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), the area in or within 500 feet of a public park, or the area in or within 500 feet of a public building until such time if any that this chapter is amended to reflect any additions or deletions with respect to the location and boundaries of public housing facilities, parks or buildings and drug-free zones.
The clerk of each municipality within the County is to receive and to keep on file the original of the map approved and adopted pursuant to § 7.01.050A of this chapter 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 in this chapter and kept on file. It is further directed that a true copy of such map and of this chapter shall be provided without cost to the County Clerk and to the office of the Mercer County Prosecutor.
The following additional matters are determined, declared, recited
and stated:
A.
It is understood that the maps approved and adopted pursuant to this
chapter were prepared and are intended to be used as evidence in prosecutions
arising under the criminal laws of this state, and that pursuant to
such laws, such map shall constitute prima facie evidence of the following:
(1)
The location of public housing facilities, public parks, and
public buildings within the municipality;
(2)
The boundaries of the real property which is owned by or leased
to a housing authority, state, county or local government unit, or
leased library or museum pursuant to the definitions in N.J.S.A. 2C:35-7.1
of public housing facility, public park, and public building, respectively;
(3)
The locations and boundaries of areas are on or within 500 feet
of such public housing facility, public park, or public building.
B.
Pursuant to the provisions of P.L. 1997, c. 327,[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 major diagram
other than those approved and adopted pursuant to this chapter. The
failure of the maps approved in this chapter to depict the location
and boundaries of any property, which is in fact used for public purposes,
and which is owned by or leased to a local housing authority, state,
County or local government unit, or library or museum, 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 revised approved maps, shall
not be deemed to be an official finding and record that such property
is not owned by or leased to a local housing authority, state, County
or local government unit, or library or museum, or that such property
is not used for public purposes.
[Amended 10-22-2019 by Ord. No. 2019-5]
[1]
Editor's Note: See N.J.S.A. 2C:35-7.1.
