[HISTORY: Adopted by the Mayor and Council
of the Borough of Spring Lake as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 15-1989 (§ 3-9
of the Revised General Ordinances)]
A.
In accordance with and pursuant to the authority of
N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on or about
December 16, 1987 by Birdsall Engineering, Inc., South Belmar, NJ
07719, William T. Birdsall, P.E., 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 school property.
B.
The Drug-Free School Zone Map approved and adopted pursuant to Subsection A 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 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.
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 Borough Engineer and the Borough 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 Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 169-1 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 Monmouth 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 § 169-1 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, and
(4)
The location and boundaries of areas which are on
or within 1,000 feet of such school property.
B.
All of the property depicted on the map approved and
adopted herein as school property was owned by a school or school
board and was being used for school purposes as of July 9, 1987, that
being the effective date of N.J.S.A. 2C:35-7.
C.
Pursuant to the provisions of 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 § 169-1. 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 now 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 L. 1988, c. 44
concerning the preparation, approval and adoption of a Drug-Free School
Zone Map have been complied with.
[Adopted by Ord. No. 26-1998 (§ 3-13
of the Revised General Ordinances)]
A.
In accordance with and pursuant to the authority of
N.J.S.A. 2C:35-7.1, an official map has been prepared by T&M Associates,
Borough Engineer, dated September 1998, finding and recording the
location and boundaries of the area or areas in or within 500 feet
of a public housing facility, a public park, or a public building.[1]
[1]
Editor's Note: A copy of the map is included as an attachment to this chapter.
B.
The governing body of the Borough of Spring Lake does
hereby approve and adopt the map as official finding and record of
the location of the area in or within 500 feet of public housing facilities,
public parks and public buildings within the Borough of Spring Lake.
C.
The Drug-Free Zone Map approved and adopted pursuant to § 169-5 above shall continue to constitute an official finding and record as to the location and boundaries of areas in or within 500 feet of a public housing facility which is owned by or leased to a housing authority according to the Local Redevelopment and Housing Law, P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), the area in or within 500 feet of a public park, or the area in or within 500 feet of a public building until such time as the map shall be amended to reflect any additions or deletions with respect to the location and boundaries of said buildings or properties.
A true copy of the original of every map approved or revised pursuant to N.J.S.A. 2C:35-7.1 shall be filed with the Borough Clerk and shall be maintained as an official record of the Borough of Spring Lake. The Borough Clerk is hereby directed to receive and keep on file the original map approved and adopted pursuant to § 169-5 above 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 the certification that such copy is a true copy approved and adopted herein and kept on file. It is hereby further directed that a true copy of each such map shall be provided, without cost, to the County Clerk and to the office of the 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 § 169-5 above was prepared and is intended to be used as evidence in prosecutions arising under the criminal law of this state, and that pursuant to state law, such maps shall constitute prima facie evidence of the following:
(1)
Location of public housing facilities, public parks
or public buildings within the Borough;
(2)
The boundaries of real property which is owned by
or leased to a public housing authority or owned by the Borough of
Spring Lake and maintained as a public park or public building;
(3)
The location and boundaries of areas within 500 feet
of a public housing facility, public park or public building within
the Borough.
B.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1(e),
a prosecutor is not precluded from introducing or relying upon any
other evidence or testimony to establish any element of the offense
of distributing, dispensing or possession of a controlled substance
in or within 500 feet of real property comprising a public housing
facility, a public park or a public building, including the use of
a map or diagram other than the one which has been approved by the
governing body provided that the map or diagram is otherwise admissible
pursuant to the Rules of Evidence. The failure of the map approved
herein to depict the location and boundaries of any property which
is, in fact, used for a public housing facility, a public park or
public building, whether the absence of such depiction is a result
of inadvertent omission, or the result of any changes in the location
or 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 the said property is not considered to be
a public housing facility, a public park or a public building.
All of the requirements set forth in Public
Law 1997, Chapter 181, concerning the preparation, approval and adoption
of the Drug-Free Zone in or within 500 feet of any public housing
facility, public park or public building have been complied with.
