[HISTORY: Adopted by the North Wildwood City
Council 8-4-1998 by Ord. No. 1303. Amendments noted where applicable.]
[Amended 4-17-2012 by Ord. No. 1608]
In accordance with and pursuant to the authority
contained in N.J.S.A. 2C:35-7 and 2C:35-7.1, the Drug-Free Zone Map
of the City of North Wildwood produced on or about March 12, 2009,
by Ralph Petrella, the North Wildwood City Engineer, is hereby approved
and adopted.
[Added 4-4-2000 by Ord. No. 1350[1]]
In accordance with and pursuant to the authority
of P.L. 1999, c. 185,[2] the following is a list of school crossings, which have
been so designated by the City of North Wildwood.
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12th Avenue and Surf Avenue
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13th Avenue and Surf Avenue
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12th Avenue and Atlantic Avenue
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13th Avenue and Atlantic Avenue
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[Amended 4-4-2000 by Ord. No. 1350]
The Drug-Free Zone Map approved and adopted pursuant to § 214-1 of this chapter and the school crossings designated by § 214-2 of this chapter shall continue to constitute official findings and records as to the location and boundaries of areas on or within 1,000 feet of real property owned by or leased to any elementary or secondary school or school board which is used for school purposes; the location and boundaries of areas on or within 500 feet of the real property comprising a public housing facility, a public park or public building as defined by N.J.S.A. 2C:35-7.1; and the location of the school crossings of the city as defined by N.J.S.A. 39:1-1.
The School Board, or the Chief Administrative
Officer, and City Council or the Mayor of the City are hereby directed
and shall have the continuing obligation to promptly notify the City
Engineer and the City 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 and in the location and boundaries of any
additional public housing facilities, public parks or public buildings
within said city.
[Amended 4-4-2000 by Ord. No. 1350]
The Clerk of the City of North Wildwood is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to § 214-1 of this chapter and to keep on file the list of school crossings adopted and approved pursuant to § 214-2 of this chapter 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 and/or the list of school crossings approved and adopted herein and kept on file. It is hereby further directed that a true copy of this map and the school crossing locations shall be provided, without cost, to the County Clerk and to the office of the Cape May 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 § 214-1 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:
(1)
The location of the real property of elementary schools,
secondary schools, the North Wildwood School Board, public housing
facilities, public parks and public buildings within the municipality.
(2)
The boundaries of the real property which is owned
or leased to such schools or a school board and of the real property
constituting any public housing facility, public park and public building.
(3)
That such school or school board property is and continues
to be used for school purposes, and that the public housing facilities,
public parks and public buildings continue to be used for public purposes.
(4)
The location and boundaries of areas which are on
or within 1,060 feet of such school property and within 500 feet of
the real property comprising such public housing facility, public
park and public building property.
B.
All of the property depicted on the map approved and
adopted herein as school property, public housing facility property,
public park property and public building property was owned by or
leased to the school, the State of New Jersey, the county of Cape
May or the City of North Wildwood and was being used for school or
public purposes as of the date the Drug-Free Zone Map for the City
of North Wildwood was produced and as of the date this chapter was
adopted.
C.
The failure of the map approved herein to depict the
location and boundaries of any property owned by or leased to an elementary
or secondary school or school board, or of any real property comprising
a public housing facility, public park or public building, 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, or that such
property is not real property comprising a public housing facility,
public park or public building.
D.
Compliance with all the requirements set forth in
N.J.S.A. 2C:11-5, 2C:12-1, 2C:35-7 and 2C:35-7.1 concerning the preparation,
approval and adoption of a Drug-Free Zone Map and school crossing
locations have been made.
[Amended 4-4-2000 by Ord. No. 1350]
