In accordance with the provisions of and pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the plan showing Drug-Free Zones and Drunk Driving Free School Zone prepared by Van Note-Harvey Associates, dated September 29, 2015 (the "Drug Free Zone Map"), is hereby approved and adopted as an official finding and record.
[Added 4-3-2019 by Ord. No. 1300]
The Drug Free Zone Map approved and adopted pursuant to § 48-31 of this article shall continue to constitute official findings and records as to the location and boundaries of areas on or within 1,000 feet of real property owned by or leased to any elementary or secondary school or school board which is used for school purposes and the location and boundaries of areas on or within 500 feet of the real property comprising a public housing facility, a public park or public building as defined by N.J.S.A. 2C:35-7.1 until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free Zones.
The Borough Administrative Officer, the School Board, or the chief administrative officer in the case of any private, charter, or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal 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 and in the location and boundaries of any additional public housing facilities, public parks or public buildings within the Borough.
The Borough Clerk is hereby directed to receive and to keep on file the original of the Drug-Free Zone Map approved and adopted pursuant to § 48-31 and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may 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 article shall be provided, without cost, to the County Clerk and to the office of the Cape May County Prosecutor; and filed with the Clerk of the Municipal Court.
The following additional matters are hereby determined, declared, recited and stated:
A.
It is understood that the Map approved and adopted pursuant to § 48-31 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 shall constitute prima facie evidence of the following:
(1)
The location of the real property of elementary schools, secondary schools, public housing facilities, public parks and public buildings within the municipality;
(2)
The boundaries of the real property which is owned or leased to such schools or a school board and of the real property constituting any public housing facility, public park and public building;
(3)
That such school or school board property is and continues to be used for school purposes, and that the public housing facilities, public parks and public buildings continue to be used for public purposes;
(4)
The location and boundaries of areas which are on or within 1,000 feet of such school property and within 500 feet of the real property comprising such public housing facility, public park and public building property.
B.
All of the property depicted on the Map approved and adopted herein as school property, public housing facility property, public park property and public building property was owned by or leased to the school, the State of New Jersey, the county of Cape May or the Borough of Wildwood Crest and was being used for school or public purposes as of the date the Drug-Free Zone Map was produced and as of the date this article was adopted.
C.
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 § 48-31.
D.
The failure of the Map approved herein to depict the location and boundaries of any property owned by or leased to an elementary or secondary school or school board, or of any real property comprising a public housing facility, public park or public building, 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, or that such property is not real property comprising a public housing facility, public park or public building.