City of South Amboy, NJ Chapter 60 Drug-Free and Drunk Driving Free Zones

[HISTORY: 1984 Code §§ 60-1—60-5; amended 5-20-98 by Ord. No. 7-1998; 5-17-00 by Ord. No. 14-2000; 11-13-00 by Ord. No. 27-2000; 5-20-09 by Ord. No. 8-2009; as amended through December 31, 2016. Amendments noted where applicable.]

Article I Drug-Free Zones [1]

[1] Editor's Note: The maps and schedule referred to herein are on file with the City Clerk. (Prior history includes Ord. Nos. 7-98, 27-2000 and 8-2009)

§ 60-1 Adoption of Drug-Free Zone Map: Public Housing Facilities, Public Parks and Public Buildings.

[Ord. No. 8-2009, Ord. No. 9-2018]

In accordance and pursuant to the authority of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Map entitled: "City of South Amboy 500' Drug Free Park and Public Building Zone," dated April 9, 2018, prepared by Center State Engineering, as set forth in Schedule A, attached hereto and made a part hereof, is hereby approved and adopted as official findings in record of the locations and areas within the municipality of public housing facilities, public parks and public buildings within the municipality and of the areas on or within 500' of such property. (Schedule A is on file in the City Clerk's office.)

§ 60-2 Official findings for Public Housing Facilities, Public Parks and Public Building Drug-Free Zone Map.

[Ord. No. 8-2009, Ord. No. 9-2018]

The "City of South Amboy 500' Drug Free Park and Public Building Zone" map, dated April 9, 2018, attached as Schedule A, is approved and adopted pursuant to Section 60-1 and shall continue to constitute an official finding and record as to locations and boundaries of areas on or within 500' of public parks, public housing facilities and public buildings, 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 such public properties.

§ 60-3 Adoption of Drug-Free Map: School Zone.

[Ord. No. 8-2009, Ord. No. 9-2018]

In accordance and pursuant to the authority of P.L. 1987, c. 101, § 1; amended L. 1988, c. 44 § 3; P.L. 1997, c. 181, § 5 (N.J.S.A. 2C:35-7), the Map entitled: "City of South Amboy 1000' Drug Free School Zone Perimeter," dated April 9, 2018, prepared by Center State Engineering, as set forth in Schedule B, attached hereto and made a part hereof, is hereby approved and adopted as official findings in the record of the location of the areas within the municipality of property which is used for school purposes and which is owned by or leased to an elementary or secondary school or school board, and of the areas on or within one thousand feet (1000') of such school property. (Schedule B may be found on file in the City Clerk's office.)

§ 60-4 Official findings for School Zone Drug-Free Zone Map.

[Ord. No. 8-2009, Ord. No. 9-2018]

In accordance and pursuant to the authority of P.L. 1987, c. 101, § 1; amended L. 1988, c. 44 § 3; P.L. 1997, c. 181, § 5 (N.J.S.A. 2C:35-7), the Map entitled: "City of South Amboy 1000' Drug Free School Zone Perimeter," dated April 8, 2019, prepared by Center State Engineering, as set forth in Schedule B, attached hereto and made a part hereof, approved and adopted pursuant to Section 60-3, shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1000' of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, until such time, if any, that this Article shall be amended to reflect any additions or deletions with respect to the locations and boundaries of such school property.

§ 60-5 Municipal Clerk to file maps, provide copies.

[Ord. No. 8-2009, Ord. No. 9-2018]

The Clerk of the Municipality is hereby directed to receive and keep on file the original of the maps approved and adopted pursuant to Section 60-1 and Section 60-3 and to provide, at a reasonable cost, a true copies 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 or maps approved and adopted herein and kept on file. It is hereby further directed that true copies of such maps and of this Article shall be provided, without cost, to the Middlesex County Clerk and to the Office of the Middlesex County Prosecutor.

§ 60-6 Recitals and determinations.

[Ord. No. 9-2018]

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

A. It is understood that the maps approved and adopted pursuant to Sections 60-1 and 60-3 of this Article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this State and that, pursuant to State law such maps shall constitute prima facia evidence of the following: (1) location of the public housing facilities, public parks, public buildings and properties used for school purposes, within the municipality; (2) the boundaries of the real properties which are located or leased for such purposes; (3) that such properties, as depicted on the maps, are and continue to be used for such public purposes; (4) location and boundaries of areas on or within 500 feet of public housing facilities, public parks and public buildings and which are on or within 1000 feet of properties which are used for school purposes.

B. Except as is otherwise expressly noted on the face of the approved and adopted maps, all of the properties, depicted on the maps, approved and adopted herein, as a public housing facility, a public park, and/or a public building, were being used for such purposes as of January 9, 1998, that being the effective date of P.L. 1997, c., 327, (N.J.S.A. 2C:35-7.1) with revisions to January 12, 2010.

C. Except as is otherwise expressly noted on the face of the approved and adopted maps, all of the properties, depicted on the maps, approved and adopted herein, as property which is used for school purposes as of August 1, 1997, that being the effective date of P.L. 1988, and as revised to January 12, 2010.

D. A prosecutor shall not be precluded from introducing or relying upon any other evidence or testimony to establish any element of the offense defined in that statute; nor shall this Article be construed to preclude the use or admissibility on any map or diagram other than the ones which have been approved, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

E. As used in this Article:

PUBLIC HOUSING FACILITY

Means 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 to a local housing authority in accordance with the "Local Redevelopment and Housing Law", P.L. 1992, c. 79 (C. 40A:12A-1, et seq.) for the purpose of providing living accommodations to persons of low income.

PUBLIC PARK

Means a park, recreation facility or area or playground owned or controlled by a State, county or local government unit.

PUBLIC BUILDING

Means any publicly owned or leased library or museum.

SCHOOL PROPERTY AND/OR PROPERTY WHICH IS USED FOR SCHOOL PURPOSES

Means a public or non-public elementary or secondary school within the City of South Amboy, offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school requirements.

F. Ordinance No. 7-98, Ordinance No. 27-2000, and Ordinance 8-2009 are hereby repealed.

Article II Drunk Driving Free School Zones

§ 60-7 Designation of school crossings.

[Ord. No. 14-2000]

In accordance with and pursuant to the authority of P.L. 1999, Ch. 185, the following is a list of school crossings which have been so designated by the City of South Amboy:

Augusta Street and Broadway

Augusta Street and Pine Avenue

Augusta Street and Stevens Avenue

Augusta Street and New Jersey Transit Railroad

Bordentown Avenue and Stevens Avenue

Bordentown Avenue and Mason Street

Bordentown Avenue and Broadway

Broadway and John Street

Broadway and George Street

Feltus Street and Main Street

Feltus Street and Washington Road

John Street and Stevens Avenue

John Street and New Jersey Transit Railroad

Stevens Avenue and Fourth Street (Knights of Columbus)

Stevens Avenue and Second Street

Stevens Avenue and Main Street

Stevens Avenue and George Street

Washington Road and Walnut Street

§ 60-8 Adoption of map.

[Ord. No. 14-2000]

The Drunk Driving Free School Zones Map produced on or about February, 2000, revised April 11, 2000, by James E. Cleary, P.E., the City 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 one thousand feet (1,000') of such school property.

§ 60-9 Map and list to constitute official findings.

[Ord. No. 14-2000]

The Drunk Driving Free School Zones Map approved and adopted pursuant to Section 60-8 hereof shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand feet (1,000') 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 Article II 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. The list of school crossings designated above by the City Council shall continue to constitute an official finding and record of the location of school crossing zones within the City of South Amboy until such time, if any, that this Article II shall be amended to reflect any additions or deletions with respect to school crossing zones in the City of South Amboy.

§ 60-10 Changes in locations or boundaries.

[Ord. No. 14-2000]

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 City Engineer and the City's Law Director 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 or of any additions or deletions to school crossings.

§ 60-11 Original map and list to be on file; copies.

[Ord. No. 14-2000]

The City Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 60-8 hereof and the list of school crossings 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 list and of this Ordinance shall be provided without cost to the Middlesex County Clerk and to the office of the Middlesex County Prosecutor.

§ 60-12 Map and list as evidence.

[Ord. No. 14-2000]

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

A. It is hereby understood that the map and list 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 and list 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 areas which are on or within one thousand feet (1,000') of such school property.

(5) The location of all school crossings in the City of South Amboy.

§ 60-13 Repealer.

[Ord. No. 14-2000]

All ordinances and parts of ordinances inconsistent herewith are hereby repealed.