[HISTORY: Adopted by the Mayor and Council
of the Borough of Rockaway as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-13-1988 by Ord. No. 16-88]
[Amended 12-10-2009 by Ord. No. 14-09]
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 August 15, 2002, by Michael Spillane, P.E.,
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,
leased or participated in as part of a regional district to any elementary
or secondary school or school board and of the areas on or within
1,000 feet of such school or school district property.
The Drug-Free School Zone Map approved and adopted pursuant to § 125-1 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, leased or participated in as part of a regional district 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 District Representative or
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, leased or participated in as part of a regional
district 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 § 125-1 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 Morris County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A.
It is understood that the map approved and adopted in § 125-1 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, leased or participated in as part of a regional district 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.
All of the property depicted on the map approved and
adopted herein as school property was owned by, leased or participated
in as part of a regional district 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 § 125-1 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, leased or participated in as part of a regional district 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, leased or participated in as part of a regional district 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 5-14-1998 by Ord. No. 4-98]
[Amended 12-10-2009 by Ord. No. 14-09]
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 or about October 13, 2009, by Michael Spillane, P.E.,
Municipal Engineer, is hereby approved and adopted as an official
finding and record of the location and boundaries of the area on or
within 500 feet of any public housing facility which is owned by or
leased to a housing authority according to the Local Redevelopment
and Housing Law, P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), the
area in or within 500 feet of any public park and the area in or within
500 feet of any public building as defined in P.L. 1997, c. 327.
The Drug-Free Zone Map approved and adopted pursuant to § 125-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of the area on or within 500 feet of any public housing facility which is owned by or leased to a housing authority according to the Local Redevelopment and Housing Law, P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), the area on or within 500 feet of a public park or the area in or within 500 feet of a "public building."
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 125-6 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 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 the article shall be provided without cost to the County Clerk and to the office of the Morris County Prosecutor.
The following additional. matters are hereby
determined, declared, recited and stated:
A.
It is understood that the map approved and adopted in § 125-6 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, leased or participated in as part of a regional district to such
schools or a school board.
(3)
That such property is and continues to be used for
a public housing facility which is owned by or leased to a housing
authority according to the Local Redevelopment and Housing Law, P.L.
1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), or is within 500 feet of
a public park or the area in or within 500 feet of a public building.
B.
All of the property depicted on the map approved and
adopted herein as such property was being used for such purposes as
of January 9, 1998, that being the effective date of P.L. 1997, c.
327 (N.J.S.A. 2C:35-7.1).
C.
Pursuant to the provisions of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), a prosecutor is not preclude from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including the use of a map or diagram other than the one approved and adopted pursuant to § 125-6 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 the purposes enumerated in § 125-6 hereof, 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 such purposes.
D.
All of the requirements set forth in P.L. 1998, 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.
