[HISTORY: Adopted by the Township Council of the Township of Maple
Shade as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1988 by Ord. No. 1988-24
(Ch. 50 of the 1975 Code)]
[Amended 7-20-2005 by Ord. No. 2005-11]
In accordance with and pursuant to the authority of P.L. 1988, c. 44
(N.J.S.A. 2C:35-7) and P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1) as amended,
the Drug-Free Zone Map produced May 20, 2005, by Richard A. Alaimo of Richard
A. Alaimo Association of Engineers, which replaces previous maps produced
December 9, 2004, by Richard A. Alaimo Association of Engineers, 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 an elementary or secondary school or school
board, and of the areas on or within 1,000 feet of such school property; and
for public housing facilities, public parks or publicly owned or leased libraries
or museums as defined in P.L. 1997, c. 327, and of the areas on or within
500 feet of such public housing facilities, public parks, public buildings
or publicly owned or leased libraries or museums.
The Drug-Free School Zone Map approved and adopted pursuant to § 84-1 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 Township Manager and the Township 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 Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 84-1 of this article, and to provide at a reasonable cost (as provided by Township Council by resolution) 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 Clerk of Burlington County and to the Office of the Burlington 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 § 84-1 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.
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. 1988, c. 44 (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 § 84-1 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 5-1-2002 by Ord. No. 2002-5]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1,
the Township Council hereby approves and adopts the Public Parks and Playgrounds
and Public Buildings Drug-Free Zone Map prepared by the Township Engineer
and approves and adopts same as an official finding and record of the location
and areas within the Township of Maple Shade of property which is used for
public parks, playgrounds and public buildings purposes and which is owned
by or leased by a public entity.
The Township Clerk is hereby directed to receive and to keep on file
the original of the aforementioned map approved and adopted pursuant to this
article and to provide at a reasonable cost (as provided by the Township Council
by resolution) a true copy of such map 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 further directed that a true copy of such map shall be provided
without cost to the Clerk of the County of Burlington and the office of the
Burlington County Prosecutor.
The Public Parks, Playgrounds and Buildings Drug-Free Zone Map, approved
and adopted pursuant to 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 said property.
