Township of Parsippany-Troy Hills, NJ Chapter 139 Drug-Free Zones and Drunk-Driving-Free Zones

[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 83.

Article I Drug-Free School Zones

[Adopted by Ord. No. 88:55]

§ 139-1 Adoption of Drug-Free School Zone.

In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced on or about March 24, 1988, by the office of Michael Pucilowski, Township 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 or school board, and of the areas on or within 1,000 feet of such school property.

§ 139-2 Location and boundaries of school property.

The Drug-Free School Zone Map approved and adopted pursuant to § 139-1 of this article shall continue to constitute an official finding and record as to the location 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, 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 School Zones.

§ 139-3 Notification of change in location or boundaries.

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.

§ 139-4 Copies of map on file.

The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 139-1 of this article, 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 decided 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 Morris County Prosecutor.

§ 139-5 Additional matters.

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

A. It is understood that the map approved and adopted pursuant to § 139-1 of this article 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 map 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; and

(4) The location and boundaries of areas which are on or within 1,000 feet of such school property.

B. Except as otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map 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 L. 1987, c. 101 (N.J.S.A. 2C:35-7).

C. Pursuant to the provisions of L. 1988, c. 44,[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 § 139-1 of 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, 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.

[1] Editor's Note: See N.J.S.A. 2C:35-7.

D. All of the requirements set forth in L. 1988, c. 44[2] concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.

[2] Editor's Note: See N.J.S.A. 2C:35-7.

Article II Drunk-Driving-Free-School Zones

[Adopted by Ord. No. 2000:15]

§ 139-6 Designation of school crossings.

[Amended by Ord. No. 2001:26; 12-20-2005 by Ord. No. 2005:31]

In accordance with and pursuant to P.L. 1999, c. 185 (N.J.S.A. 2C:11-5), the following is a list of school crossings which have been so designated by the Township of Parsippany-Troy Hills.

Intersection of

Allentown Road and Atlantic Drive

Allentown Road and Marmora Road

Baldwin Road and St. Peter's Church

Beechwood Road and Littleton Road

Brooklawn Drive and Glencove Road

Brooklawn Drive and Littleton Road

Edwards Road and Rockaway Meadow

Keyport Road and Allentown Road

Kingston Road and Boundbrook Road

Knoll Road and Farmstead Drive

Lake Shore Drive and Glenwood Avenue

Lake Shore Drive and Lincoln Avenue

Littleton Road and Fieldcrest Road

Manito Avenue and Vail Road

Marcella Road and Allentown Road

North Beverwyck Road and Lake Shore Drive

Parsippany Road and Allentown Road

Rita Drive and Littleton Road

South Beverwyck Road and Parkside Drive

South Roosevelt Avenue and Farmstead Drive

Troy Hills Village Road and Vail Road

Vail Road and Baldwin Road

Vail Road and Beverwyck Road

Vail Road and Central School

Vail Road and Eileen Court

Vail Road and Knoll Road

Vail Road and Lodge Lane

Vail Road and Winfield Drive

§ 139-7 Adoption of map.

The Drug-Free School Zone Map that was produced on or about March 24, 1988, by the office of Michael Pucilowski, the Township Engineer, is hereby approved and readopted 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 or leased to any elementary or secondary school on school land and areas on or within 1,000 feet of such school property.

§ 139-8 Map to constitute official findings.

The Drug-Free School Zone Map that was approved and adopted pursuant to § 139-1 of this chapter shall continue to constitute an official finding and record as to the location 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, 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 drunk-driving-free school zones. The list of school crossings designated above by the Township Council shall continue to constitute an official finding and record of the location of school crossing zones within the Township of Parsippany-Troy Hills, until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to school crossing zones in the Township of Parsippany-Troy Hills.

§ 139-9 Changes in locations or boundaries.

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 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, or of any additions or deletions to school crossings.

§ 139-10 Original map to be on file: copies.

The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 139-1 of this chapter 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 of this article shall be provided without cost to the Morris County Clerk and to the office of the Morris County Prosecutor.

§ 139-11 Map as evidence.

The following additional matters are hereby determined declared, recited and stated: It is understood that the map and list that have been approved pursuant to this article were prepared and are 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:

A. The location of elementary and secondary schools within the municipality.

B. The boundaries of the real property which is owned by or leased to such schools or a school board.

C. That such school property is and continues to be used for school purposes.

D. The location and boundaries of areas which are on or within 1,000 feet of such school property.

E. The location of all school crossings in the Township of Parsippany-Troy Hills.