[HISTORY: Adopted by the Mayor and Council of the Borough of Mount Arlington 9-21-1988 by Ord. No. 88-8; amended in its entirety 3-6-2000 by Ord. No. 00-4. Amendments noted where applicable.]
[Amended 4-9-2001 by Ord. No. 01-05]
In accordance with and pursuant to the authority of P.L. 1988, Chapter 44 (N.J.S.A. 2C:35-7) and P.L. 1997, Chapter 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Zone Map dated March 14, 1999, latest revision dated March 7, 2001, prepared by Suburban Consulting Engineers, Inc., the Borough Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Mount Arlington of property which is owned by or leased to any elementary or secondary school or school board and the areas on or within 1,000 feet of such properties and property used for a public park, public building or public housing facility as those facilities are defined in the above-referenced statutes and of the areas on or within 500 feet of such properties.
The Drug-Free Zone Map approved and adopted pursuant to § 80-1 of this chapter 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 and on or within 500 feet of such property owned by or leased to a public entity which is used for a public park, public building or public housing facility 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 properties and the Drug-Free Zone.
The school board, or the chief administrative officer in the case of any private or parochial school, and the municipal governing body, or the entity responsible for the operation of any public park, public building or public housing facility are hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough 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 board and which is used for school purposes and of any public areas designated on said maps.
The Borough Clerk is hereby directed to receive and to keep on file the original of the maps approved and adopted to § 80-1 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 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 Morris County Prosecutor.
The following additional matters are hereby determined, declared, reconciled and stated:
A. 
It is understood that the map approved and adopted pursuant to § 80-1 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 and of public parks, public buildings and public housing facilities within the Borough of Mount Arlington;
(2) 
The boundaries of the real property which is owned by or leased to such schools or a school board or to a public entity;
(3) 
That such property is and continues to be used for school purposes or public purposes; and
(4) 
The location and boundaries of areas which are on or within 1,000 feet of such school property or on or within 500 feet of such public property.
B. 
Except as otherwise expressly noted on the fact 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 all of the property depicted on the map approved and adopted herein as public areas was owned by or leased to a public entity and was being used for public purposes as of the effective date of P.L. 1988, c. 44, with respect to school property and as of the effective date of P.L. 1997, c. 327, with respect to public areas.[1]
[1]
Editor's Note: See N.J.S.A. 2C:35-4 and N.J.S.A. 2C:35-7, respectively.
C. 
Pursuant to the provisions of P.L. 1988, c. 44, and P.L. 1997, c. 327,[2] a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offenses defined in those statutes, including uses of a map or diagram other than the ones approved and adopted pursuant to § 80-1 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 or leased to any elementary or secondary school or school board or used for a public park, public building or public housing facility and which is owned by or leased to any public entity, 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 public entity, or that such property is not used for public purposes.
[2]
Editor's Note: See N.J.S.A. 2C:35-4 and N.J.S.A. 2C:35-7, respectively.
D. 
All of the requirements set forth in P.L. 1988, c. 44, and P.L. 1997, c. 327, concerning the preparation, approval and adoption of Drug-Free Zone Maps have been complied with.[3]
[3]
Editor's Note: See N.J.S.A. 2C:35-4 and N.J.S.A. 2C:35-7, respectively.