[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 9-1-1988 by Ord. No. 8825. Amendments noted where applicable.]
[Amended 3-12-1998 by Ord. No. 9803]
A. 
In accordance with and pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map prepared by Richard L. Carter, City Engineer of the City of Ventnor City, 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. 
In accordance with and pursuant to the authority of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Public Housing Facility, Public Park and Public Building Zone Map prepared by Richard L. Carter, City Engineer of the City of Ventnor City, 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 a public housing facility, public park and public building purposes and which is owned by or leased by the City and of the areas on or within 500 feet of such public housing facility, public park and public building property.
[Amended 3-12-1998 by Ord. No. 9803]
A. 
The Drug-Free School Zone Map approved and adopted pursuant to § 108-1A of this chapter 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 chapter 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 Housing Facility, Public Park and Public Building Zone Map approved and adopted pursuant to § 108-1B of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property used for a public housing facility, park and public building purposes and which are owned by or leased by the City until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of a public housing facility, public park and public building and Drug-Free Public Housing Facility, Public Park and Public Building 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 (Municipal) (County) Engineer and the (Municipal) (County) 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.
[Amended 3-12-1998 by Ord. No. 9803]
The Clerk of the Municipality is hereby directed to receive and to keep on file the original of the maps approved herein and adopted pursuant to § 108-1A and B 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 maps approved and adopted herein and kept on file. It is hereby further directed that true copies of such maps and of this chapter shall be provided without cost to the County Clerk and to the office of the Atlantic County Prosecutor.
[Amended 3-12-1998 by Ord. No. 9803]
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to § 108-1A 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 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.
(4) 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
B. 
It is understood that the map approved and adopted pursuant to § 108-1B 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 a public housing facility, public park and public building within the municipality.
(2) 
The boundaries of the real property which is owned by or leased by the City and used for a public housing facility, public park and public building.
(3) 
That such public housing facility, public park and public building continue to be used by the municipality.
(4) 
The location and boundaries of areas which are on or within 500 feet of such public housing facility, public park and public building.
C. 
Except as is otherwise expressly noted on the face of the approved and adopted map, 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 as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
D. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as a public housing facility, public park and public building is owned or leased by the City and being used for such purposes as of January 9, 1998, that being the effective date of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1).
E. 
Pursuant to the provisions of P.L. 1988, c. 44, and as amended by P.L. 1997, c. 327, 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 maps or diagrams other than those approved and adopted pursuant to § 108-1A and B of this chapter. The failure of the maps 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, or used for 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 such property is not owned, leased or used for a public housing facility, public park or public building.
F. 
All of the requirements set forth in P.L. 1988, c. 44, concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with, and all of the requirements set forth in P.L. 1997, c. 327, concerning the preparation, approval and adoption of a Drug-Free Public Housing Facility, Public Park and Public Building Zone Map have been complied with.