Township of Montclair, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now council) of the Town (now Township) of Montclair as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Glue sales and head shops — See Ch. 170.
Parks and playgrounds — See Ch. 234.
[Adopted 4-6-1999 by Ord. No. 99-3]
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 Facility Zone Map, produced on or about February 4, 1999, by Frederick H. Yoerg, Municipal Engineering Department, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used as a public housing facility, owned by or leased to a local housing authority, a public park, owned or controlled by a state, county or local government unit, or a public building consisting of a publicly owned or leased library or museum, and of the areas on or within 500 feet of the outermost perimeter of such property.
The Drug-Free Public Facility Zone Map approved and adopted pursuant to § 130-1 of this article shall continue to constitute an official finding and record as to the location and boundaries of the areas on or within 500 feet of property which is used as a public housing facility, a public park or a public building until such time that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of such property and thereby the Drug-Free Public Facility Zone pertaining to that particular property. In the event that it is necessary to amend the Drug-Free Public Facility Zone Map to reflect any changes to the location and boundaries of such property, the amended map, along with an amendment to this article shall be presented to the Council for approval and adoption as set forth in § 130-1 of this article.
The Local Housing authority in the case of a public housing facility, the local Parks Department in the case of a public park and the Township Engineer in the case of a public building are hereby directed and shall have the continuing obligation to promptly notify both, the person(s) for producing the Drug-Free Public Facility Zone Map, as set forth in § 130-1 of this article and, the Township Attorney of any changes or contemplated changes in the location and boundaries of any such property.
The Municipal Clerk is hereby directed to receive and to keep on file the original of the Drug-Free Public Facility Zone Map as approved and adopted pursuant to § 130-1 of this article and as amended, approved and adopted pursuant to § 130-2 of this article. Additionally, the Municipal Clerk is hereby directed to provide, at a reasonable cost, a certified copy thereof, together with a copy of this article to any person, agency or court who may request such copy, except that the Municipal Clerk shall provide without cost such copies as are requested the County Clerk and the Essex 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 § 130-1 of this article was prepared and 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 the public housing facilities, public parks, and public buildings within the municipality.
(2) 
The boundaries of the real property of each such facility or location which is owned by, leased to or controlled by the public as set forth in § 130-1 of this article and as set forth in the attached list which is incorporated to this article as if set forth in full.[1]
[1]
Editor's Note: The list is on file in the township offices.
(3) 
That such property is and continues to be used for such designated purposes.
(4) 
The location and boundaries of areas which are on or within 500 feet of such property.
B. 
Pursuant to the provisions of L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), 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 map approved and adopted pursuant to this article. The failure of the approved and adopted map to depict the location and boundaries of any property, which is, in fact, used as a public housing facility, a public park or a public building and which is owned by, leased to or controlled by the public as set forth in § 130-1 of this article, for whatever reason, shall not be deemed to be an official finding and record that such property is not owned by, leased to or controlled by the public or that such property is not used for such stated purposes.