[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) 12-28-2004 by Ord. No. 2004-43. Amendments noted
where applicable.]
[Amended 1-31-2018 by Ord. No. 2018-1]
The DWI/Drug-Free Zones Map produced on or about
November 9, 2017, by Remington & Vernick Engineers 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 1,000 feet of
such school property; and is hereby approved and adopted as an official
finding and record of the location and boundaries of the area or areas
on or within 500 feet of a public park, public building, or public
housing facility.
A.
The DWI/Drug-Free Zones Map approved and adopted pursuant to § 101-1 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 chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and DWI-Free Zones.
B.
The DWI/Drug-Free Zones Map approved and adopted pursuant to § 101-1 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of a public park, public building, or public housing facility which is used for public purposes until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of public property and Drug-Free Zones.
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 or leased to any elementary or secondary school
or school board and which is used for school purposes.
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 101-1 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. It is hereby further directed that a true copy of such map of this chapter shall be provided without cost to the Mercer County Clerk and to the office of the Mercer County Prosecutor.
[Amended 1-31-2018 by Ord. No. 2018-1]
The following additional matters are hereby determined, declared,
recited, and stated:
A.
It is understood that the map 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 1,000 feet of such school property.
(5)
The location and boundaries of those areas in or within
500 feet of a public park, public building or public housing facility
pursuant to N.J.S.A. 2C:35-7.1
B.
Pursuant to N.J.S.A. 2C:35-7.1, nothing in this section
shall be construed to preclude the prosecution from introducing or
relying upon any other evidence or testimony to establish any element
of this offense.
