[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon
9-26-1988 by Ord. No. 88-13. Amendments noted where applicable.]
[Amended 11-24-1998 by Ord.
No. 98-15]
A.
In accordance with and pursuant to N.J.S.A. 2C:35-7 and
N.J.S.A. 2C:35-7.1, the Drug-Free Zone Map prepared by Churchill Consulting
Engineers, dated January 29, 2004, is hereby approved and adopted as an official
finding and record of location and areas of property within the Borough of
Clementon which is within 1,000 feet of property used for school purposes
and which is owned by or leased to any elementary or secondary school or School
Board and locations and areas within 500 feet of the real property comprising
a public housing facility, a public park or a public building.
[Amended 3-23-2004 by Ord. No. 2004-03]
B.
The Drug-Free Zone Map approved and adopted pursuant to § 115-1A 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 and the location and boundaries of areas on or within 500 feet of the real property comprising a public housing facility, a public park or a public building 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, public property and drug-free 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 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 § 115-1 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 Camden County Prosecutor.
[Amended 11-24-1998 by Ord.
No. 98-15]
The following additional matters are hereby determined, declared, recited
and stated:
A.
It is understood that the map approved and adopted pursuant to § 115-1 of this chapter was prepared and is intended to be used as evidence in prosecutions parking 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 schools, secondary schools,
public housing facilities, public parks or public buildings within the Borough
of Clementon;
(2)
The boundaries of the real property which is owned or
leased by such schools or a School Board or the Borough of Clementon;
(3)
That such school property is and continues to be used
for school purposes and the public property continues to be used as either
a public housing facility, a public park or a public building; and
(4)
The location and boundaries of areas which are on or
within 1,000 feet of such school property and 500 feet of either a public
housing facility, a public park or a public building.
B.
Except as is otherwise expressly noted on the face of
the approved and adopted map, all of the property was owned by a school or
School Board and was being used for school purposes as of July 9, 1987, the
effective date of N.J.S.A. 2C:35-7, and all of the public property was being
used for public purposes as of January 9, 1998, the effective date of N.J.S.A.
2C:35-7.1.
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 then the one approved and adopted pursuant to § 115-1 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 or used as a public housing facility, a public park or a 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 owned by or leased to a school or School Board or that such property is not used for school purposes or as a public housing facility, a public park or a public building.
