In accordance with and pursuant to the authority
of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free Zone Map produced
on or about November 26, 2001, by the Municipal Engineer 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 any elementary or secondary
school or school board and of the areas on or within 1,000 feet of
such property.
The Drug-Free Zone Map approved and adopted pursuant to §
118-1 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 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 §
118-1 of this article 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 article shall be provided without cost to the County Clerk and to the office of the Camden 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 §
118-1 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.
(4) The location and boundaries of areas which are on
or within 1,000 feet of such school property.
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, being the effective date of P.L. 1987, c. 101
(N.J.S.A. 2C:35-7).
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 than the one approved and adopted pursuant to §
118-1 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 P.L. 1988, c.
44, concerning the preparation, approval and adoption of a
Drug-Free Zone Map have been complied with.
In accordance with and pursuant to the authority
of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Zone Map
produced on or about November 26, 2001, by the Municipal Engineer
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality of property which is
utilized as public housing facilities, public parks and public buildings,
and which is owned, leased or controlled by the Township of Waterford
or the County of Camden or the State of New Jersey, and of the areas
on or within 500 feet of said properties.
The Drug-Free Zone Map approved and adopted pursuant to §
118-6 of this article shall continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of the real estate comprising public housing facilities, public parks and public buildings owned, leased or controlled by the Township of Waterford or the County of Camden or the State of New Jersey 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 the public housing facilities, public parks and/or public buildings and drug-free public areas within the Township of Waterford or the County of Camden or State of New Jersey.
The Clerk of the municipality is directed to receive and to keep on file the original of the Drug-Free Zone Map approved and adopted pursuant to §
118-6 of this article and to provide at reasonable cost a true copy thereof to any person, agency or court that 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 County Clerk and the office of the Camden County Prosecutor.
The following matters are hereby determined,
declared, recited and stated:
A. It is understood that the map approved and adopted pursuant to §
118-6 of this article was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of the State of New Jersey and that pursuant to state law, such map shall constitute prima facie evidence of the following:
(1) The location of public housing facilities, public
parks and public buildings owned, leased or controlled by the Township
of Waterford or the County of Camden or the State of New Jersey.
(2) The boundaries of the real property which is utilized
in connection with public housing facilities, public parks and public
buildings owned, leased or controlled by the Township of Waterford
or the County of Camden or State of New Jersey.
(3) That such property continues to be used as public
housing facilities, public parks and/or public buildings.
(4) The location and boundaries of areas which are on
or within 500 feet of such public housing facilities, public parks
and public buildings.
B. Except as is otherwise expressly noted on the face
of the approved map, all of the property depicted on the map as drug-free
public area was owned, leased or controlled by the Township of Waterford
or the County of Camden or the State of New Jersey and was being used
for public housing facilities, public parks arid/or public buildings
as of January 9, 1998, that being the effective date of P.L. 1997,
c. 327 (N.J.S.A. 2C:35-7.1).
C. Pursuant to the provisions of P.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 use of a map or diagram other than the one approved and adopted pursuant to §
118-6 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 public housing facilities, public parks and/or public buildings and which is owned, leased or controlled by the Township of Waterford or the County of Camden or the State of New Jersey, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the location and boundaries of such property which has 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 or leased by the Township of Waterford or the County of Camden or the State of New Jersey or that such property is not used for public housing facilities, public parks or buildings.
D. All of the requirements of P.L. 1997, c. 327 (N.J.S.A.
2C:35-7.1), concerning the preparation, approval and adoption of a
drug-free public area map have been complied with.