[1]
Editor's Note: Ord. No. 49-2015 regarding Drug Free Zones
was effective December 29, 2015, and was repealed January 12, 2016,
by Ord. No. 54-2015. Drug Free Zones was subsequently adopted by Ord.
No. 4-2016, effective March 1, 2016.
[Ord. No. 4-2016]
A.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
the drug free zone map dated October 28, 2015 is hereby approved and
adopted as an official finding and record of the location and areas
within the Township of property which is used for school purposes
and which is owned by or leased to any elementary or secondary school
or the school board, and of the areas on or within one thousand (1,000)
feet of such school property.
B.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1,
the drug free zone map dated October 28, 2015 is hereby approved and
adopted as an official finding and record of the location and areas
within the Township of property designated as a public housing facility,
a public park or a public building, and of the areas on or within
five hundred (500) feet of such public property.
[Ord. No. 4-2016]
A.
The drug-free school zones map shall continue to constitute an official
finding and record as to the location and boundaries of area on or
within one thousand (1,000) feet of property owned or leased to any
elementary or secondary school or school board which is used for school
purposes until such time, if any, that this section shall be amended
to reflect any additions or deletions with respect to the location
and boundaries of school property and drug-free school zones.
B.
The drug-free public property zones map shall continue to constitute
an official finding and record as to the location and boundaries of
area on or within five hundred (500) feet of property comprised of
a public housing facility, a public park or a public building until
such time, if any, that this section shall be amended to reflect any
additions or deletions with respect to the location and boundaries
of the public property and drug-free public property zones.
[Ord. No. 4-2016]
A.
The Township Board of Education, or the chief administrative officers
in the case of any private or parochial school, is hereby directed
and shall have the continuing obligation to promptly notify the Township
Engineer and the Legal Department 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.
B.
The drug-free public property zones map may be changed from time
to time by the Municipal Council and each Director/Administrator of
any public housing facility, public park or public building is hereby
directed and shall have the continuing obligation to promptly notify
the Township Engineer and the Legal Department of any changes or contemplated
changes in the location and boundaries of any public housing facility,
public park and/or public building.
[Ord. No. 4-2016]
The Township Clerk is hereby directed to receive and to keep
on file the original of the map approved and adopted by this section,
and to provide at a reasonable cost a true copy thereof to any person,
agency or court which may 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 section shall be provided without cost to the
County Clerk and to the Office of the Passaic County Prosecutor.
[Ord. No. 4-2016]
The following additional matters are hereby determined, declared,
recited and stated:
A.
It is understood that the map approved and adopted pursuant to this
section 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 Township;
(2)
The location of any and all public housing facilities, public parks
or public buildings within the Township;
(3)
The boundaries of the real property which is owned by or leased to
such school or a school board and that such school property is and
continues to be used for school purposes; and
(4)
The boundaries of the real property which is owned by or leased to
any public housing facility, public park or public building within
the Township and that such property is and continues to be used for
public purposes; and
(5)
The location and boundaries of areas which are on or within one thousand
(1,000) feet of such school property; and
(6)
The location and boundaries of areas which are on or within five
hundred (500) feet of such public 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; and
C.
All of the property depicted on the map approved and adopted herein
as public property was owned by or leased to a public housing facility,
public park or public buildings.
D.
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 herein.
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.
E.
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 herein. The failure of the map approved herein to depict
the location and boundaries of any property which is, in fact, used
for public 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 owned by or leased to
a public housing facility, public park or public building, or that
such property is not used for public purposes.
F.
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 zones
map have been complied with.
G.
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 public property
zones map have been complied with.
