[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 No. 49-2015 regarding Drug Free Zones was effective December 29, 2015, and was repealed January 12, 2016, by Ord.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.