[Adopted 3-12-2019 by Ord. No. 2019-19]
In accordance with and pursuant to the authority of P.L. 1988,
c. 44 (N.J.S.A. 2C:35-7.1), the Drug-Free Public Housing Facilities
Zone Map produced on or about February 1, 2019, by David J. Maillet,
City Engineer, is hereby approved and adopted as an official finding
and record of the location and areas within the City of Vineland of
real property comprising a public housing facility as defined in N.J.S.A.
2C:35-7.1 and of the areas on or within 500 feet of such public housing
facility.
The Drug-Free Public Housing Facilities Zone Map approved and adopted pursuant to § 327-14 of this article shall continue to constitute an official finding and record as to the location and boundaries of the areas on or within 500 feet of property deemed a public housing facility as defined in N.J.S.A. 2C:35-7.1 until such time, if any, as this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of public housing facilities and drug-free zones.
The Clerk of the City of Vineland is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 327-14 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 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 Cumberland 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 § 327-14 of this article was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of the State of New Jersey and that, pursuant to state law, such map shall constitute prima facie evidence of the following:
(1)
The location of public housing facilities within the municipality.
(2)
The boundaries of the real property upon which is located public
housing facilities.
(3)
That such property is and continues to be used for public purposes.
(4)
The location and boundaries of areas which are on or within 500 feet
of such public housing facilities.
B.
All of the property depicted on the map approved and adopted herein
as public housing facilities property was being used for public housing
facilities as defined in N.J.S.A. 2C:35-7.1 as of February 1, 2019.
C.
Pursuant to the provision of P.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 § 327-14 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 housing facilities purposes, 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 a public housing facility as defined in N.J.S.A. 2C:35-7.1.
D.
All of the requirements set forth in P.L. 1988, c. 44, concerning
the preparation, approval and adoption of a drug-free public housing
zone map have been complied with.
