[HISTORY: Adopted by the Township Council of the Township of Brick as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1999 by Ord. No. 664-81 (Ch. 131 of the 1989 Code); amended in its entirety 10-12-1999 by Ord. No. 664-A-99]
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 Maps produced by the engineering firm of Owen, Little & Associates and reviewed and approved by Municipal Engineer Thomas Rospos are 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. Said maps were prepared on May 17, 1999, and include depictions of the following:
A. 
Brick Community Primary Learning Center.
B. 
Brick Township High School.
C. 
Brick Township Memorial High School.
D. 
Emma Havens Young/Drum Point Road School.
E. 
Herbertsville Elementary School.
F. 
Lake Riviera Middle School.
G. 
Lanes Mill School.
H. 
Laurelton School.
I. 
Midstream School.
J. 
Osbornville School.
K. 
St. Dominic's Roman Catholic Church.
L. 
St. Paul's Christian School.
M. 
St. Thomas Christian Academy.
N. 
Veteran's Memorial Elementary School.
O. 
Veteran's Memorial Middle School.
The Drug-Free School Zone Maps approved and adopted pursuant to § 156-1 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 Zone.
The Board of Education, 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 the Board of Education 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 maps approved and adopted pursuant to § 156-1 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 maps approved and adopted herein and kept on file. It is hereby further directed that a true copy of such maps and of this article shall be provided without cost to the County Clerk and to the office of the Ocean County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the maps approved and adopted pursuant to § 156-1 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state and that, pursuant to state law, such maps 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 maps, all of the property depicted on the maps approved and adopted herein as school property was owned by or leased to a school or the Board of Education 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 maps or diagrams other than the one approved and adopted pursuant to § 156-1 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 elementary or secondary school or the Board of Education, whether the absence of such depiction is the result of location and boundaries of such property, which have not yet been incorporated into revised and approved maps, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or the Board of Education, 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 Drug-Free School Maps have been complied with.
[Adopted 10-12-1999 by Ord. No. 958-99]
In accordance with and pursuant to the authority of L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug Free Public Property Zone Maps produced by the engineering firm of Owen, Little & Associates and reviewed and approved by Municipal Engineer Thomas Rospos are hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which constitutes a public housing facility, public property or public building as defined by the Act, and of the areas on or within 500 feet of such property. Said maps were on or within 500 feet of such property. Said maps were prepared on May 17, 1999, and include depictions of the following:
A. 
Airport Tract.
B. 
Angela Hibbard Park.
C. 
Arrowhead Park.
D. 
Bay Harbor Park.
E. 
Bayside Park.
F. 
Beaver Dam County Park.
G. 
Bernard J. Cooke Memorial Park.
H. 
Boland Field.
I. 
Brick Beach #1.
J. 
Brick Beach #2.
K. 
Brick Beach #3.
L. 
Brick Lake Park.
M. 
Brick Township Branch of the Ocean County Library.
N. 
Brick Township Municipal Complex.
O. 
Cedar Bridge Manor Park.
P. 
Civic Plaza.
Q. 
Colorado Park.
R. 
David Fried Senior Housing.
S. 
Edmund Hibbard Park.
T. 
Forge Pond Golf Course and Park.
U. 
Frede Park.
V. 
Hank Waltenkowski Memorial Park.
W. 
Haven's Farm.
X. 
Haven's Homestead Memorial Park.
Y. 
Lake Riviera Park.
Z. 
Mallard Point Beach.
AA. 
Midstreams School.
BB. 
Pinewood Acres Soccer Complex.
CC. 
Police Athletic League.
DD. 
Riverside Woods Park.
EE. 
Sawmill Pond Tract.
FF. 
Southern Beaver Dam Creek Corridor.
GG. 
Windward Beach.
HH. 
Cross Cove Park.
The Drug Free Public Property Zone Maps approved and adopted pursuant to § 156-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of real property comprising public housing facilities, public parks or public buildings as defined by N.J.S.A. 2C:35-7.1 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.
The Land Use Officer is hereby directed and shall have the continuing obligation to promptly notify the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any of the public properties depicted on the Drug Free Public Property Zone Maps.
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to § 156-6 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 maps approved and adopted herein and kept on file. It is hereby further directed that a true copy of such maps and of this article shall be provided without cost to the County Clerk and to the office of the Ocean County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the maps approved and adopted pursuant to § 156-6 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state and that pursuant to state law, such maps shall constitute prima facie evidence of the following:
(1) 
The location of public housing facilities, public parks or public buildings as defined by N.J.S.A. 2C:35-7.1;
(2) 
The boundaries of the real property constituting same;
(3) 
That such real property is and continues to be used for such purposes; and
(4) 
The location and boundaries of areas which are on or within 500 feet of such property.
B. 
Pursuant to the provisions of L. 1988, c. 327 (N.J.S.A. 2C:35-1), a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to statute, including use of maps or diagrams other than the one approved and adopted pursuant to § 156-6 of this article. The failure of the map approved herein to depict the location and boundaries of any property which does, in fact, constitute a public housing facility, public park or public building as defined in N.J.S.A. 2C:35-7.1, 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 revised and approved maps, shall not be deemed to be an official finding and record that such property does not constitute a public housing facility, public park or public building as defined in N.J.S.A. 2C:35-7.1, 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 revised and approved maps, shall not be deemed to be an official finding and record that such property does not constitute a public housing facility, public park or public building as defined in N.J.S.A. 2C:35-7.1.
C. 
All of the regulations set forth in L. 2997, c. 327 (N.J.S.A. 2C:35-7.1) concerning the preparation, approval and adoption of Drug Free Public Property Zone Maps have been complied with.