[Adopted by Ord. No. 821 (Sec. 3-10 of the 1997
Revised General Ordinances)]
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 Municipal Engineer and the Municipal 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.
The City Clerk is hereby directed to receive and to keep on file the original of the map approve and adopted pursuant to §
217-1 and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may 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 County Clerk and to the office of the Cape May County Prosecutor; and filed with the Clerk of the Municipal Court.
The following additional matters are hereby determined, declared, recited
and stated:
A. It is understood that the map approved and adopted pursuant to §
217-1 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 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.
B. Except as is 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 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, 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 §
217-1. 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.
D. All of the requirements set forth in P.L. 1988, c. 44,
concerning the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with.
[Adopted by Ord. No. 1195-99 (Sec. 3-10A of the
1997 Revised General Ordinances)]
As used in this article, the following terms shall have the meanings
indicated:
PERSON
Any individual, corporation, government agency or other entity.
PUBLIC HOUSING FACILITY
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 (N.J.S.A. 40A:12A-1 et seq.), for the purpose of providing living accommodations
to persons of low income.
PUBLIC PARK
A recreational facility or area or playground owned and/or controlled
by a state, county or local government unit.
In accordance with and pursuant to the authority of P.L. 1997, c. 327
(N.J.S.A. 2C:35-7.1), the Drug-Free Zone Map produced on October 8, 1999,
by the City Engineer is hereby approved and adopted as an official finding
and record of the location and areas within the City of property which comprises
a public housing facility, public park, or a public building, and of the areas
on or within 500 feet of such property.
The Drug-Free Zone Map approved and adopted pursuant to §
217-6 above shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property comprising public housing facilities, public parks, or 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 property and Drug-Free Zones.
Any person owning or exercising control over any public housing facility,
public park, or public building is hereby directed and shall have the continuing
obligation to promptly notify the City Engineer and the City Solicitor of
any changes or contemplated changes in the location and boundaries of any
property affected by this article.
The City Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to §
217-6, 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 shall be provided without cost to the Cape May County Clerk and to the office of the Cape May County Prosecutor.
It is understood that the map approved and adopted pursuant to §
217-6 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:
A. The location of public housing facilities, public parks
and public buildings within the City;
B. The boundaries of real property which is owned by or
leased to such public housing facilities, public parks or public buildings;
C. That such property is and continues to be used for its
designated purpose; and
D. The location and boundaries of areas which are on or
within 500 feet of such property.
Nothing in this article shall be construed to preclude a prosecutor
from introducing or relying upon any other evidence or testimony to establish
any element of an offense; nor shall this article be construed to prelude
the use or admissibility of any map or diagram other than one which has been
approved by the City Council; provided that the map or diagram is otherwise
admissible pursuant to the applicable rules of evidence. The failure of the
map approved herein to depict the location and boundaries of any property
which is, in fact, a public housing facility, public park, or public building,
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 used
for a purpose which is subject to this article.
All of the requirements set forth in P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1)
concerning the preparation, approval and adoption of a drug-free zone map
have been complied with.