[HISTORY: Adopted by the Township of Howell as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. O-88-42, as amended through Ord. No. O-01-39 (§§  3-20.1 through 3-20.5 of the 1974 Code)]
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 February 1988 by Jack Mallon, Municipal Engineer, and amended by Ordinance No. 0-01-39, 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.
[1]
Editor’s Note: Subsequent amendments and revisions to the Drug-Free School Zone Map, and a current copy of said map, are on file in the Township Clerk’s office.
The Drug-Free School Zone Map approved and adopted pursuant to § 124-1 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.
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 Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 124-1 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 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 Monmouth County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to § 124-1 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 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 (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, 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 § 124-1 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.
D. 
All of the requirements set forth in 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. O-00-19 (§§ 3-20.6 through 3-20.10 of the 1974 Code)]
In accordance with and pursuant to the authority of L. 2000, Chapter 1885 (also known as "Filomena's Law"), the Drunk-Driving-Free School Zone Map produced on or about February 1988 by Jack Mallon, Municipal 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 of or within 1,000 feet of such school property. Any and all subsequent amendments to the previously adopted Drug-Free School Zone Map dated February 1988 are hereby incorporated by reference into this drunk-driving-free school zone.
[1]
Editor’s Note: Subsequent amendments and revisions to the Drug-Free School Zone Map and Drunk-Driving-Free School Zone Map, and current copies of said maps, are on file in the Township Clerk’s office.
The Drunk-Driving-Free School Zone Map approved and adopted pursuant to § 124-6 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 or drunk-driving-free school 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 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 Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 124-6 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 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 Monmouth County Prosecutor.
The following additional matters are hereby determined declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to § 124-6 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 school board;
(3) 
That such school property is and continues to be used for school purposes; and
(4) 
The location and boundaries which are on or within 1,000 feet of such school property.
B. 
Except as expressly noted on the face of the approved and adopted map all 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 is being used for school purposes as of July 9, 1997, that being the effective date of L. 1987, c. 101 (N.J.S.A. 2C:35-7) with regard to a drug-free school zone and 1999, that being the effective date of L. 1999, c. 185, that being the drunk-driving-free school zone.
C. 
Pursuant to the provisions of L. 1988, c. 44, and L. 2000, c. 1885, 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 § 124-6 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 locations and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be 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 L. 1988 c. 44, and L. 2000, c. 1885, concerning the preparation, approval and adoption of a Drug-Free School Zone Map and Drunk-Driving-Free School Zone Map have been complied with.