[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.)
[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.
[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.)
[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.
[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.
[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.
F. Ordinance No. 7-98, Ordinance No. 27-2000, and Ordinance 8-2009 are
hereby repealed.
[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
[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.
[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.
[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.
[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.
[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.
[Ord. No. 14-2000]
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.