[1991 Code § 91-1; Ord. No. 2004-29; Ord. No. 2014-07]
A.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7
and N.J.S.A. 2C:35-7.1, the Drug Free Zone Map prepared for the Borough
of Hightstown by Roberts Engineering Group, dated March 2014, is hereby
approved and adopted as an official finding and record of the location
and areas within the Borough of the following: (1) any property which
is used for school purposes and which is owned by or leased to any
elementary or secondary school or school board; (2) any areas on or
within 1,000 feet of such school property; (3) any property which
comprises a public housing facility which is owned by or leased to
a housing authority in accordance with the Local Redevelopment and
Housing Law," N.J.S.A. 40A:12A-1, et seq., or any area comprising
a public park or public building, as all of those terms are defined
in N.J.S.A. 2C:35-7.1; or (4) any areas in or within 500 feet of the
real property comprising a public housing facility, a public park
or a public building, as those terms are defined in N.J.S.A. 2C:35-7.1.
B.
The Drug Free Zone Map, as approved and adopted herein, shall constitute
an official finding and record as to the location and boundaries of
the areas referenced above until such time, if any, that the Map and
this article shall be amended to reflect any additions or deletions
with respect to the location and/or boundaries of such areas.
[1991 Code § 91-2]
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 Borough Clerk,
the Borough Engineer and the Borough 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.
[1991 Code § 91-3]
The Borough Clerk has on file the original of the map approved
and adopted under this article. The Borough Clerk shall keep on file
a certified copy of the map approved and adopted under this article,
and 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. A true copy of the map and this
article shall be provided without cost to the County Clerk and the
office of the Mercer County Prosecutor.
[1991 Code § 91-4; Ord. No. 2004-29]
A.
It is the purpose and intent that the Map approved and adopted under
this article shall be used as evidence in prosecutions arising out
of 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 Borough.
(2)
The boundaries of the real property which is owned by or leased to
such schools or school board.
(3)
That such school property is and continues to be used for school
purposes.
(4)
The location of boundaries and areas which are on or within 1,000
feet of school property.
(5)
The location and boundaries of all properties which are the sites
of public housing facilities, public parks and public buildings, as
those terms are defined under N.J.S.A. 2C:35-7.1, within the municipality.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1,
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 this article. 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, or for the purposes of public housing facilities, public parks
and/or public buildings (as those terms are defined by N.J.S.A. 2C:35-7.1),
whether the action 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 for
any of the other public purposes referenced in this article.
