Township of Lacey, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lacey as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-28-1996 by Ord. No. 96-20[1]]
[1]
Editor's Note: This ordinance superseded former Article I, Drug-Free School Zones, adopted 4-23-1992 as Ord. No. 26-92 (Ch. 61 of the 1974 Code).
[Amended 10-26-2000 by Ord. No. 00-52]
In accordance with and pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7) the Drug-Free School Zone Maps produced on January 29, 1996, and as amended on November 7, 2000, by O'Donnell, Stanton and Associates, Inc., the Lacey Township Engineers, are hereby approved and adopted as an official finding and record of the locations 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 or school board and of the areas on or within 1,000 feet of such school property and of the locations of designated school crossings.
[Amended 10-26-2000 by Ord. No. 00-52]
The Drug-Free School Zone Maps approved and adopted pursuant to § 169-1 of this article shall continue to constitute an official finding and record as to the locations 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 and as to the designation of school crossings 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 school property, school crossings and drug-free school zones.
[Amended 10-26-2000 by Ord. No. 00-52]
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 Township Engineer and the Township 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 the location of school crossings.
[Added 10-26-2000 by Ord. No. 00-52]
In accordance with and pursuant to P.L. 1999, c. 185, the following is an official designation of school crossings within the Township of Lacey as defined in N.J.S.A. 39:1-1:
A. 
The intersections of the Lacey Township Middle School and Cedar Creek School main driveways and Western Boulevard.
B. 
The intersection of Brick Avenue and Western Boulevard.
C. 
The intersection of Manchester Avenue and Western Boulevard.
D. 
The intersection of the Lacey Township High School main driveway and Haines Street.
E. 
The intersection of Oak Hollow Court and Haines Street.
F. 
The intersection of Lanlac Drive and Haines Street.
G. 
The intersection of Caldwell Avenue and Lacey Road.
H. 
The intersection of Lacey Road and U.S. Highway Route 9.
The Clerk of the municipality is hereby directed to receive and keep on file the originals of the maps approved and adopted pursuant to § 169-1 of this Article and to provide at a reasonable cost true copies thereof to any person, agency or court which may from time to time request such copies, along with a certification that such copies are true copies of the 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 County Clerk and to the office of the Ocean County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the maps approved and adopted pursuant to § 169-1 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 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 1,000 feet to such school property.
(5) 
The location of all school crossings in the Township of Lacey.
[Added 10-26-2000 by Ord. No. 55-52]
B. 
Except as is otherwise expressly noted on the face of the approved and adopted maps, all of the property depicted on the maps approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C. 
Pursuant to the provisions of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), 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 maps approved and adopted pursuant to § 169-1 of this Article. The failure of the maps approved herein to depict the locations 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.
D. 
All of the requirements set forth in P.L. 1988, c. 44, concerning the preparation, approval and adoption of Drug-Free School Zone Maps have been complied with.
[Added 10-26-2000 by Ord. No. 55-52]
The Drug-Free School Zone and Map as approved and adopted under this article shall constitute an official finding and record for the purpose of P.L. 1999, c. 185.