[Ord. #98-05, § 1]
In accordance with and pursuant to the authority of P.L. 1997,
c.327 (N.J.S.A. 2C:35-7.1) the Drug-Free Public Parks, Public Housing
Facility and Public Buildings Zone Map produced by the Township Engineer
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality of property which is
used for public purposes and which is owned by or leased to any public
parks, public housing facility and public buildings and of the areas
on or within five hundred (500) feet of such public property.
[Ord. #98-05, § 1]
The Drug-Free Public Parks, Public Housing Facility and Public Buildings Zone Map approved and adopted pursuant to Section 16A-1 of this chapter shall continue to constitute an official finding and record as to the locations and boundaries of areas on or within five hundred (500) feet of property owned by or leased to any public entity which is used for the aforementioned public 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 such public property and Drug-Free Public Parks, Public Housing Facility and Public Buildings Zone.
[Ord. #98-05, § 1]
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 16A-1 of this chapter, and to provide for a cost of twenty-five dollars ($25) for 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 and to the office of the Ocean County Prosecutor.
[Ord. #98-05, § 1]
The following additional matters are hereby determined declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to Section 16A-1 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 public parks, public housing facility and public
buildings within the municipality.
(2)
The boundaries of the real property which is owned by or leased to
such public parks, public housing facility and public buildings.
(3)
The location and boundaries of areas which are on or within five
hundred (500) feet of such property.
B.
It shall be no defense to a prosecution for violation of this section
that the actor was unaware that the prohibited conduct took place
while on or within five hundred (500) feet of a public housing facility,
a public park or a public building.
C.
Nothing in this section shall be construed to preclude the prosecution
from introducing or relying upon any other evidence or testimony to
establish any element of this offense; nor shall this section be construed
to preclude the use of admissibility of any map or diagram other than
one which has been approved by the governing body of Plumsted Township,
provided that the map or diagram is otherwise admissible pursuant
to the Rules of Evidence.
D.
Any person who violates Subsection A. of N.J.S. 2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, or within five hundred (500) feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one (1) ounce of marijuana.
E.
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 or Public Building Map have been complied with.
[Ord. #98-05, § 1]
A.
PUBLIC HOUSING FACILITY — Any dwelling, complex of dwellings,
accommodation, building, structure or facility and real property of
any nature appurtenant thereto and used in connection therewith, which
is owned by or leased to a local housing authority in accordance with
the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (C,40A:12A-1
et seq.) for the purpose of providing living accommodations to persons
of low income.
B.
PUBLIC PARK — A park recreation facility or area or playground
owned or controlled by a state, county or local government unit.
C.
PUBLIC BUILDING — Any publicly owned or leased library or museum.
