[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 is
used for school purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Clerk of the Municipality is hereby directed to receive and to keep on file the original of the maps approved herein and adopted pursuant to §
226-1A and
B 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 maps approved and adopted herein and kept on file. It is hereby further directed that true copies of such maps and of this chapter shall be provided without cost to the County Clerk and to the office of the Cumberland 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 §
226-1A of this chapter 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.
(4) The location and boundaries of areas which are on or within 1,000
feet of such school property.
B. It is understood that the map approved and adopted pursuant to §
226-1B of this chapter 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 a public housing facility, public park and public
building within the Municipality.
(2) The boundaries of the real property which is owned by or leased by
the Township and used for a public housing facility, public park and
public building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3) That such public housing facility, public park and public building
continue to be used by the Municipality.
(4) The location and boundaries of areas which are on or within 500 feet
of such public housing facility, public park and public building.
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 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 P.L. 1987, c. 101 (N.J.S.A.
2C:35-7).
D. 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 facility, public park and public
building is owned by or leased by the Township and being used for
such purposes as of January 9, 1998, that being the effective date
of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1).
E. Pursuant to the provisions of P.L. 1988, c. 44, a prosecutor is not a 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 maps or diagrams other than those approved and adopted pursuant to §
226-1A and
B of this chapter. The failure of the maps approved herein to depict the location and boundaries of any property which is owned by or leased to any elementary or secondary school or school board, or used for 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 property is not owned by or leased to a school or school board or that such property is not used for school purposes, or such property is not owned, leased or used for a public housing facility, public park or public building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F. All of the requirements set forth in P.L. 1988, c. 44, concerning
the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with and all of the requirements set forth
in P.L. 1997, c. 327, concerning the preparation approval and adoption
of a Drug-Free Public Housing Facility, Public Park and Public Building
Zone Map have been complied with.