Borough of Bradley Beach, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach 9-27-1988; amended in its entirety by Ord. No. 1999-07 (Sec. 4-23 of the 1974 Code). Subsequent amendments noted where applicable.]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 and the authority set forth by the Legislature, the Drug-Free School and the Drug-Free Park and Public Building Map attached hereto and made a part hereof produced by T&M Engineers is hereby approved and adopted as an official finding and record of the location within the Borough, which is used for school, park and public building purposes, and that the additional areas are within 1,000 feet of the designated property used for school purposes and 500 feet of property used for park and public building purposes.
The Drug-Free School, Park and Public Building Map approved and adopted pursuant to § 178-1 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 and shall further constitute an official finding and record as to the location and boundaries of property used as parks and boundaries of parks and as to property used for public buildings 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 and parks and drug-free park 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 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 § 178-1 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 Monmouth 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 § 178-1 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; parks within the municipality; and public buildings within the municipality;
(2) 
The boundaries of the real property, which is owned by or leased to such schools or a School Board; the boundaries of the real property used as parks; and the boundaries of the real property used as public buildings;
(3) 
That such school property is and continues to be used for school purposes; that such property is and continues to be used for parks; and that such property is and continues to be used as public buildings; and
(4) 
The location and boundaries of areas which are on or within 1,000 feet of such school property; the location and boundaries of areas which are on or within 500 feet of a park; and the location and boundaries of areas which are on or within 500 feet of a public building.
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; all of the property located on the map as depicting parks were being used for park purposes as of January 9, 1998; and all of the property located on the map as depicting public buildings were being used as public buildings as of January 9, 1998.
C. 
Pursuant to the provisions of P.L. 1988, c. 44, and P.L. 1997, c. 327,[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 the use of a map or diagram other than the one approved and adopted pursuant to § 178-1 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/or parks and/or public buildings 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, park or public building purposes.
[1]
Editor's Note: See N.J.S.A. 2C:35-7 and 2C:35-7.1, respectively.
D. 
All of the requirements set forth in P.L. 1988, c. 44, concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
E. 
All of the requirements set forth in P.L. 1997, c. 327, concerning the park and preparation, approval and adoption of a drug-free public building map have been complied with.