[HISTORY: Adopted by the Township Committee
of the Township of Middle as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-4-1988 by Ord. No. 646-88]
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
Map produced on or about October 6, 1987, by Alvin C. Herman, 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.
The Drug-Free School Zone Map approved and adopted pursuant to Section 125-1 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 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 Township Engineer and the Township Solicitor 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 Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Section 125-1 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 chapter shall be provided without cost to the County Clerk and to the office of the Cape May 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 Section 125-1 of this chapter 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.
(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 P.L. 1987, c.
101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of P.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 Section 125-1 of this chapter. 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.
[Adopted 11-16-1998 by Ord. No. 1027-98]
[Amended 10-5-2015 by Ord. No. 1510-15]
Pursuant to N.J.S.A. 2C:35-1 et seq., the Township of Middle
hereby adopts the following recreational drug-free zones:
A.
Clarence Davies Sports Complex, located off the Goshen Road in Cape
May Court House. This includes the entire property owned by the Township.
B.
Cape May County 4H Fairgrounds, to include all adjoining property
owned by both Middle Township and the County of Cape May, to include
the bike path that connects the Goshen Complex to South Dennisville
Road, Cape May Court House.
C.
Cape May County Park (Central) located on U.S. Route 9, Cape May
Court House; this includes all county-owned property on both the east
and west sides of Route 9. This also includes the zoo and property
that extends to South Dennisville Road.
D.
County of Cape May Park (South) and recreational fields, located
at 1101 Bayshore Road, Del Haven.
E.
County of Cape May Park (East), located on Crest Haven Road, Cape
May Court House.
F.
Cape May County Historical Museum, 504 U.S. Route 9 North, Cape May
Court House.
G.
Township of Middle Samuel Devico Center, 23 Romney Place, Cape May
Court House.
H.
Cape May County Library, 30 West Mechanic Street, Cape May Court
House.
I.
Middle Township Board-of-Education-owned properties, including baseball
fields located at 220 South Boyd Street, Cape May Court House (rear
of Boyd and School Lane); Memorial Field located at 101 West Pacific
Avenue, Cape May Court House; Shunpike Road Sports Facility, located
at 412 Shunpike, Cape May Court House.
[Amended 6-17-2019 by Ord. No. 1591-19]
J.
Township of Middle Goshen Historic Schoolhouse and Mini Park, located
at 316 Route 47 North, Goshen.
K.
Township of Middle, East Shellbay Avenue Gazebo and Picnic area located
at the bay, otherwise known as "Carol Nicoletta Park - Shellbay Avenue
Pier," 525 East Shellbay Avenue, Cape May Court House.
L.
Township of Middle, Martin Luther King Recreation Center and adjoining
recreation fields located on 207 West Main Street, Whitesboro.
M.
Township of Middle, Rio Grande Recreation Park located on 11 North
Railroad Avenue, Rio Grande.
N.
Ockie Wisting Fort Apache Recreational Complex, 7 Fulling Mill Road,
Rio Grande.
O.
Middle Township Bike Path, all phases, including joining "connector
phase" between Middle and Lower Townships.
P.
Avalon Manor Fishing Pier, located along Avalon Boulevard, at the
end of Old Avalon Boulevard, Avalon Manor [as approved by the New
Jersey Department of Environmental Protection (NJDEP) as identified
in the Municipal Access Plan (MAP)].
Q.
Bidwell Jetty at Reeds Beach, located at 301 Beach Avenue, Cape May
Court House [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
R.
Norbury's Landing, located at Millman Avenue at the Delaware
Bay, Del Haven [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
S.
William "Pop" Belles, Jr. Memorial Park located at the southeast
corner of the intersection of Routes 9 and 47, Block 1507, Lot 1.
T.
County Special Services Pool, located on Crest Haven Road, Cape May
Court House [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
U.
Scotch Bonnet Fishing Bridge on Stone Harbor Boulevard [as approved
by the New Jersey Department of Environmental Protection (NJDEP) as
identified in the Municipal Access Plan (MAP)].
V.
Cape May National Wildlife Refuge, Refuge headquarters: 24 Kimbles
Beach Road, Cape May Court House [as approved by the New Jersey Department
of Environmental Protection (NJDEP) as identified in the Municipal
Access Plan (MAP)].
W.
Songbird Trail, one-mile trail, part of which is universally accessible,
starts on the north side of Kimbles Beach Road. This trail begins
in the parking lot, extends to the edge of shrub/scrub habitat, winds
through a forest segment with vernal pools and ends along Kimbles
Beach Road [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
X.
Woodcock Trail, end of Woodcock Lane, a residential road about 0.4
miles south of Kimbles Beach Road off of Route 47. This is a one-mile-long
loop through grassland habitat. There are also side trails of 0.4
miles that extend through a forested section and end at a view of
the Delaware Bay salt marsh [as approved by the New Jersey Department
of Environmental Protection (NJDEP) as identified in the Municipal
Access Plan (MAP)].
Y.
Goshen Ponds, located off of Bucks Avenue [as approved by the New
Jersey Department of Environmental Protection (NJDEP) as identified
in the Municipal Access Plan (MAP)].
Z.
Hand's Landing, located off of Kimbles Beach Road [as approved
by the New Jersey Department of Environmental Protection (NJDEP) as
identified in the Municipal Access Plan (MAP)].
AA.
Lizard Tail Swamp Preserve, located off of Court House - Dennisville
Road, Cape May Court House [as approved by the New Jersey Department
of Environmental Protection (NJDEP) as identified in the Municipal
Access Plan (MAP)].
BB.
Diana Wintsch Preserve at Bidwell Creek (on west side of Dennisville-Court
House Road) [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
CC.
Lizard Tail Swamp Preserve, located on the east side of Dennisville-Court
House Road [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
DD.
Indian Trail Swamp Preserve, located on the south side of Indian
Trail Road [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
EE.
Sunray Beach Preserve, Sunray Road, Del Haven [as approved by the
New Jersey Department of Environmental Protection (NJDEP) as identified
in the Municipal Access Plan (MAP)].
FF.
The Wetlands Institute, Stone Harbor Boulevard, Cape May Court House
[as approved by the New Jersey Department of Environmental Protection
(NJDEP) as identified in the Municipal Access Plan (MAP)].
GG.
New Jersey Audubon's Cape May Bird Observatory, 600 Route 47
North, Goshen [as approved by the New Jersey Department of Environmental
Protection (NJDEP) as identified in the Municipal Access Plan (MAP)].
HH.
The entire coastline of Delaware Bay, inclusive of all beaches and
beach areas, within the Township of Middle (together with all abutting
beach access) is hereby listed as a public area included as a recreational
drug-free zone. Said zone includes, but is not limited to, Sunray
Beach, Highs Beach, Cooks Beach, Reeds Beach, Pierces Point, Kimbles
Beach.
The drug-free zone will be deemed to constitute
a five hundred-foot area surrounding each of the above described premises.
