Editor's Note: This ordinance also repealed former Ch. 130,
Drug-Free Zones, comprised of Art. I, Drug-Free Public Facilities
Zones, adopted 4-6-1999 by Ord. No. 99-3.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the map entitled "Drug Free School Zone Map" as produced by the Municipal Engineer of the Township of Montclair on September 24, 2019, is hereby approved and adopted as an official finding and record of the location and areas on or within 1,000 feet of school property as defined in N.J.S.A. 2C:35-7. The Drug-Free Zone Map adopted by this chapter shall constitute an official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of school property.[1]
Editor's Note: The Drug Free School Zone Map is on file in the Township offices or available through the Township's online version of the Code (eCode360®).
The School Board, or the Chief Administrative Officer in the case
of any private or parochial school, shall promptly notify the Municipal
Engineer and the Township Attorney of the Township of Montclair 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 used for school purposes pursuant to N.J.S.A.
2C:35-7.
At a reasonable cost 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; and
Nothing in the within section shall be construed to preclude the
prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense, nor shall the
within section be construed to preclude the use or admissibility of
any map or any diagram other than one which has been approved by the
governing body of the Township of Montclair, provided that the map
or diagram is otherwise admissible pursuant to rules of evidence.
It is understood that the map approved and adopted pursuant to § 130-1 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:
Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 § 130-1 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, 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.
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug Free School Zone Map have been complied with.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, the map entitled "Drug Free Public Facility Zone Map" as produced by the Municipal Engineer of the Township of Montclair on September 24, 2019, is hereby approved and adopted as an official finding and record of the location and areas on or within 500 feet of a public housing facility, public park, or public building, as defined in N.J.S.A. 2C:35-7.1.[1]
Editor's Note: The Drug Free Public Facility Zone Map is on file in the Township offices or available through the Township's online version of the Code (eCode360®).
The Township Department of Community Services, or the administrative
agency of the Township which manages the Township parks, or the Essex
County Department of Parks, as appropriate, shall in the case of a
"public park" notify the Municipal Engineer and the Township Attorney
of the Township of Montclair of any changes or contemplated changes
in the location and boundaries of any "public park" pursuant to N.J.S.A.
2C:35-7.1.
It is understood that the map approved and adopted pursuant to § 130-3 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:
The location and boundaries of areas which are on or within 500 feet
of the boundaries of such public parks, public housing facilities,
and public buildings.
Pursuant to the provisions of 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 use of a map or diagram other than the one approved and adopted pursuant to § 130-1 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 public park, public housing, or public building purposes, 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 used for public park, public housing, or public building purposes.
All of the requirements set forth in N.J.S.A. 2C:35-7.1, concerning
the preparation, approval and adoption of a Drug Free Zone Map, have
been complied with.