Borough of Pine Beach, NJ Drug-Free School and Public Building Zones

In accordance with N.J.S.A. 2C:35-7 the Drug-Free School and Public Building Zone Map produced by John J. Mallon, Municipal Engineer of the Borough of Pine Beach, 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, public housing facility purposes, public park purposes, or public building purposes. The Map is the Official Map of the municipality for school purposes for land which is owned 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. The Map is the Official Map for public housing facilities, public parks or public buildings for any land which is owned or leased to any public housing facility, public park or public building and of the areas on or within 500 feet of such public property.

§ 9-2 Official findings and record.

[Amended 4-8-1998 by Ord. No. 98-01-515]

The Drug Free School Zone approved and adopted pursuant to Section 9-1 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 Drug Free School Zones.

The Drug-Free Public Building Zone shall continue to constitute an official finding and record as to location and boundaries of areas on or within 500 feet of any property owned or leased by any public housing facility, public park or public building which is used for those 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 any public housing facility, public park or public building.

§ 9-3 Notification by schools of property.

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 Engineer and Attorney of any property owned by or leased by any elementary or secondary school or School Board and which is used for school purposes.

§ 9-4 Map on file; copies.

The Municipal Clerk of the Borough is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 9-1 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 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 may and of this chapter shall be provided without cost to the County Clerk of Ocean County and to the office of the Ocean County Prosecutor.

§ 9-5 Map as evidence; additional provisions.

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to Section 9-1 of this chapter was prepared and is intended to be used as evidence in prosecution 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 municipality.

(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.

(4)

The location and boundaries of area which are on or within 1,000 feet of such school property.

All of the property depicted on the map approved and adopted herein as school property was owned by 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 (N.J.S.A. 2C:35-7).

Pursuant to the provisions of L. 1988, c. 44, (N.J.S.A. 2C:35-7) a prosecutor is not precluded from introducing or relying upon any other evidence of 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 9-1 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 requirements set forth in L. 1988, c. 44, (N.J.S.A. 2C:35-7) concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.

§ 9-6 Definitions.

[Added 4-8-1998 by Ord. No. 98-01-515]

As used in this chapter:

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 by a local housing authority in accordance with the Local Redevelopment and Housing Law for the purpose of providing living accommodations to persons of low income.

PUBLIC PARK — A park, recreation facility or area or playground owned or controlled by a state, county or local government unit.

PUBLIC BUILDING — Any publicly owned or leased library or museum.

§ 9-7 When effective.

[Amended 4-8-1998 by Ord. No. 98-01-515]

This chapter shall become effective immediately upon its final passage and publication as required by law.