[HISTORY: Adopted by the Township Committee
of the Township of New Hanover 3-14-2005 by Ord. No. 2005-02. Amendments noted
where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In accordance with and pursuant to the authority
of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), and P.L. 1997, c. 327 (N.J.S.A.
2C:35-7.1), the Drug-Free School and Public Service Zone Maps produced
on or about January 25, 2005, by Robert Weatherford, P.E., Township
Engineer, are hereby approved and adopted as official findings and
records of the locations and areas within the municipality of property
which is used for public and school purposes and which is owned by
or leased to any public service entity, elementary or secondary school
or school board, and of the areas on or within 1,000 feet of such
public or school property.
The Drug-Free School and Public Service Zone Maps approved and adopted pursuant to § 91-1 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 public service entity, elementary or secondary school or school board, or within 500 feet of property which is used for public service purposes, until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the locations and boundaries of public service entity or school property and drug-free public service and school zones.
The public service entity or school board, or
the chief administrative officer in the case of any private or parochial
school, are hereby directed and shall have the continuing obligation
to promptly notify the Township Engineer and the Township Attorney
of any changes or contemplated changes in the location and boundaries
of any property owned by or leased to any public service entity, elementary
or secondary school or school board and which is used for public service
and school purposes.
The Clerk of the municipality is hereby directed to receive and to keep on file the originals of the Maps approved and adopted pursuant to § 91-1 of this article and to provide, at a reasonable cost, a true copy thereof to any person, agency, or court who or 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 copy of such Map and of this article shall be provided without cost to the County Clerk and to the Office of the Burlington County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A.
It is understood that the Maps approved and adopted pursuant to § 91-1 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state and that, pursuant to state law, such Maps shall constitute prima facie evidence of the following:
(1)
The locations of public service entities and elementary
and secondary schools within the municipality.
(2)
The boundaries of the real property which is owned
by or leased to such public service entities and schools or school
boards.
(3)
That such public service entity or school property
is and continues to be used for public service or school purposes.
(4)
The locations and boundaries of areas which are on
or within 1,000 feet of school property.
(5)
The locations and boundaries of areas which are on
or within 500 feet of a public service entity.
B.
All of the property depicted on the Maps approved
and adopted herein as public service entity and school property were
owned by a public service entity, a school or a school board and were
being used for public service or school purposes as of July 9, 1987,
that 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 § 91-1 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 public service or school purposes, and which is owned by or leased to any public service entity, 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 public service entity, school or school board, or that such property is not used for public service or school purposes.
In accordance with and pursuant to the authority
of P.L. 1999, c. 185, attached is a list of school crossings which
have been so designated by the Township of New Hanover.[1]
[1]
Editor's Note: A list of school crossings is on file in the
Township offices.
The Drug-Free School and Public Service Zone
Maps produced on or about January 25, 2005, by Robert Weatherford,
the Township Engineer, are hereby approved and adopted as official
findings and records of the location and areas within the municipality
of property which is used for public service and school purposes and
which is owned by or leased by any public service entity or elementary
or secondary school on public service entity or school land and of
the areas on or within 1,000 feet of such public service or school
property.
The Drug-Free School and Public Service Zone Maps approved and adopted pursuant to § 91-7 of this article shall continue to constitute an official finding and record as to the locations and boundaries of areas on or within 1,000 feet of property owned by or leased to any public service entity, elementary or secondary school or school board which is used for public service or 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 public service entity or school property and drunk-driving- and drug-free public service entity and school zones. The list of public service entities and school crossings designated above by the Township of New Hanover shall continue to constitute official findings and records of the locations of public service entity and school crossing zones within the Township of New Hanover until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to public service entity and school crossing zones in the Township of New Hanover.
The public service entity or 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 office of the Township Engineer and the Township's
Attorney of any changes or contemplated changes in the location and
boundaries of any property owned by or leased to any public service
entity, elementary, or secondary school or school board and which
is used for public service or school purposes or of any additions
or deletions to public service or school crossings.
The Township Clerk is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to § 91-7 of this article and the list of public service entities and school crossings 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 list of this article shall be provided without cost to the Burlington County Clerk and to the Office of the Burlington County Prosecutor.
The following additional matters are hereby
determined, declared, recited and stated:
A.
It is understood that the Maps and lists approved
and adopted pursuant to this article were prepared and are intended
to be used as evidence in prosecutions arising under the criminal
and traffic laws of this state and that, pursuant to state law, such
Maps and lists shall constitute prima facie evidence of the following:
(1)
The location of public service entity and elementary
and secondary schools within the municipality.
(2)
The boundaries of the real property which is owned
by or leased to such public service entities, schools or school boards.
(3)
That such public service entity or school property
is and continues to be used for public service or school purposes.
(4)
The location and boundaries of areas which are on
or within 1,000 feet of such public service entity or school property.
(5)
The location of all public service entities and school
crossings in the Township of New Hanover.
