[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 9-27-88 as Ord. No. 88-35. Amended in its entirety 9-22-92 by Ord. No. 92-31. Further amendments noted where applicable.]
[Amended 4-27-99 by Ord. No. 99-11]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7 the drug-free school zone map was produced on or about November
28, 1988 by Charles Firtion, Town Engineer. This map has been revised
by Gerald Perricone, Town Engineer, dated February 12, 1999. This
updated map for the 1,000 foot drug-free school zone is hereby approved
and adopted as the official finding and record of the location of
areas within the municipality of property which are used for school
purposes and which are owned by or leased to any elementary or secondary
school or school board, and of the areas on or within 1,000 feet of
such school property. Gerald Perricone of the PMK Group has also prepared
and is hereby approved and adopted an official map for a 500 foot
drug-free zone in accordance with N.J.S.A. 2C:35-7.1. This map indicates
all areas within five hundred (500) feet of real property comprising
a public housing authority, a public park, or a public building.
[Amended 4-27-99 by Ord. No. 99-11]
The Drug-Free School Zone Map approved and adopted pursuant to Section 68-1 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 until such time as the Mayor and Council of the Town of Secaucus, with the recommendation of an engineer and the Police Chief, adopt a new Drug-Free School Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of school property and Drug-Free School Zones. The adoption of any new Drug-Free School Zone Map shall constitute said official Drug-Free School Zone Map, and the adoption by resolution as aforesaid shall not require any subsequent amendment to this chapter.
A 500 foot drug-free zone map prepared in accordance with N.J.S.A.
2C:35-7.1 is hereby adopted as an official finding and record as to
the location and boundaries on or within an area 500 feet of real
property comprising a public housing facility, public park, or a public
building. The adoption of any new 500 foot drug-free zone shall constitute
the official drug-free zone map and the adoption by resolution as
set forth shall not require any subsequent amendment to this section.
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 Town Engineer
and Town 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.
The Clerk of the municipality is hereby directed to receive and to keep on file the original map approved and adopted pursuant to Section 68-1 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 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 Hudson County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
A.Â
It is understood that the map approved and adopted pursuant to Section 68-1 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)Â
The location of elementary and secondary schools within the municipality;
(2)Â
The boundaries of the real property which is owned by or leased to
such schools or a School Board;
(3)Â
That such school property is and continues to be used for school
purposes; and
(4)Â
The location and boundaries of areas which are on or within 1,000
feet of such school property.
(5)Â
The location and boundaries of areas which are within 500 feet of
a public housing facility, public park or a public building.
[Added 4-27-99 by Ord. No. 99-11]
B.Â
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 L. 1987, c. 101 (C.
2C:35-7). Except as otherwise expressly noted on the face of the approved
and adopted map all of the property depicted on the map approved and
adopted herein was used as a public housing facility, public park
or public building as of February 12, 1999.
[Amended 4-27-99 by Ord. No. 99-11]
C.Â
Pursuant to the provisions of 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 Section 68-1 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 in-advertent 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 or leased to a school or School Board, or that such property is not used for school purposes.
D.Â
All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of a Drug-Free School Zone map
have been complied with.
[Added 3-14-00 by Ord. No. 2000-7]
A.Â
Adoption of map. The drunk driving-free school zones map produced
on or about November 28, 1988 by Charles Firtion, the Town Engineer,
and revised on or about February 12, 1999 by Gerald Perricone, Town
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 school purposes and which is owned by or leased
to any elementary or secondary school on school land and of the areas
on or within 1,000 feet of such school property.
B.Â
Map and list to constitute official findings. The drunk driving-free school zones map approved and adopted pursuant to Section 68-1 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 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 school property and drunk driving-free school zones.
C.Â
Changes in locations or boundaries. 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 office of the Engineer and the Town 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.
D.Â
Original map and list to be on file; copies. The Town Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 68-1 of this chapter and the list of school crossings and to provided 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 list of this chapter shall be provided without cost to the Hudson County Clerk and to the office of the Hudson County Prosecutor.
E.Â
Map and list as evidence. The following additional matters are hereby
determined, declared, recited and stated:
It is understood that the map approved and adopted pursuant
to this chapter was prepared and is intended to be used as evidence
in prosecutions arising under the criminal and traffic laws of this
state and that, pursuant to state law, such map shall constitute prima
facie evidence of the following:
(1)Â
The location of elementary and secondary schools within the municipality.
(2)Â
The boundaries of the real property which is owned by or leased to
such schools or a school board.
(3)Â
The such school property is and continues to be used for school purposes.
(4)Â
The location and boundaries of areas which are on or within 1,000
feet of such school property.
