Township of Montclair, NJ: Legislative findings; failure to depict property; additional requirements.

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Editor's Note: This ordinance also repealed former Ch. 130, Drug-Free Zones, comprised of Art. I, Drug-Free Public Facilities Zones, adopted 4-6-1999 by Ord. No. 99-3.

Article I Drug Free School Zone Map

§ 130-1 Map adopted; official record; changes; copies.

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the map entitled "Drug Free School Zone Map" as produced by the Municipal Engineer of the Township of Montclair on September 24, 2019, is hereby approved and adopted as an official finding and record of the location and areas on or within 1,000 feet of school property as defined in N.J.S.A. 2C:35-7. The Drug-Free Zone Map adopted by this chapter shall constitute an official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of school property.[1]

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Editor's Note: The Drug Free School Zone Map is on file in the Township offices or available through the Township's online version of the Code (eCode360^®).

The School Board, or the Chief Administrative Officer in the case of any private or parochial school, shall promptly notify the Municipal Engineer and the Township Attorney of the Township of Montclair 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 used for school purposes pursuant to N.J.S.A. 2C:35-7.

The Township Clerk shall provide certified copies of the Drug Free Zone Map:

(1)

At a reasonable cost 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; and

(2)

Without cost to the Essex County Clerk and to the Office of the Essex County Prosecutor.

Nothing in the within 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 the within section be construed to preclude the use or admissibility of any map or any diagram other than one which has been approved by the governing body of the Township of Montclair, provided that the map or diagram is otherwise admissible pursuant to rules of evidence.

§ 130-2 Legislative findings; failure to depict property; additional requirements.

It is understood that the map approved and adopted pursuant to § 130-1 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 elementary and secondary schools within the Township of Montclair;

(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.

Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 § 130-1 of this chapter. 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.

All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug Free School Zone Map have been complied with.

Article II Drug Free Public Facility Zone Map

§ 130-3 Map adopted; official record; changes; copies.

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, the map entitled "Drug Free Public Facility Zone Map" as produced by the Municipal Engineer of the Township of Montclair on September 24, 2019, is hereby approved and adopted as an official finding and record of the location and areas on or within 500 feet of a public housing facility, public park, or public building, as defined in N.J.S.A. 2C:35-7.1.[1]

[1]

Editor's Note: The Drug Free Public Facility Zone Map is on file in the Township offices or available through the Township's online version of the Code (eCode360^®).

The Township Department of Community Services, or the administrative agency of the Township which manages the Township parks, or the Essex County Department of Parks, as appropriate, shall in the case of a "public park" notify the Municipal Engineer and the Township Attorney of the Township of Montclair of any changes or contemplated changes in the location and boundaries of any "public park" pursuant to N.J.S.A. 2C:35-7.1.

§ 130-4 Legislative findings; failure to depict property; additional requirements.

It is understood that the map approved and adopted pursuant to § 130-3 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 facilities, and public buildings as defined in N.J.S.A. 2C:35-7.1 within the Township of Montclair;

(2)

The boundaries of the real property which is owned by or leased to public parks, public housing facilities, and public buildings;

(3)

That such property is and continues to be used as public parks, public housing facilities, or public buildings; and

(4)

The location and boundaries of areas which are on or within 500 feet of the boundaries of such public parks, public housing facilities, and public buildings.

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 § 130-1 of this chapter. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public park, public housing, or public building 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 used for public park, public housing, or public building purposes.

All of the requirements set forth in N.J.S.A. 2C:35-7.1, concerning the preparation, approval and adoption of a Drug Free Zone Map, have been complied with.