Township of Galloway, NJ Chapter 170 Drug-Free Zones

[HISTORY: Adopted by the Township Council of the Township of Galloway 8-23-1988 by Ord. No. 923. Amendments noted where applicable.]

GENERAL REFERENCES

Drug paraphernalia — See Ch. 173.

§ 170-1 Adoption of map.

[Amended 9-22-1998 by Ord. No. 1355]

A. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, the Drug-Free Zone Map produced on or about May 1998 by Alexander M. Churchill Associates, the Municipal Engineer, is hereby approved and adopted as an official finding of 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 property; and also all property considered to be public parks, public housing and public buildings as defined in N.J.S.A. 2C:35-7.1 and the areas on or within 500 feet of such property.

B. The Drug-Free Zone Map approved and adopted pursuant to § 170-1A 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 and 500 feet of property considered to be public parks, public housing and/or public buildings as defined in N.J.S.A. 2C:35-7.1, 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 any of the aforementioned properties.

§ 170-2 Continuation.

[Amended 6-28-2005 by Ord. No. 1609]

The Drug-Free Zone Map approved and adopted pursuant to § 170-1 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, and also all property considered to be public parks, public housing and public buildings and the areas on or within 500 feet of such public property, 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 property and drug-free zones.

§ 170-3 Duty of school board and Township Council; definitions.

A. 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 Engineer and the Municipal 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.

B. The Galloway Township Municipal Council or its designee shall have continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes in the location and boundaries of any property considered public parks, public housing and/or public buildings as defined in N.J.S.A. 2C:35-7.1. For the purposes of N.J.S.A. 2C:35-7.1, the following definitions are used:

[Added 9-22-1998 by Ord. No. 1355]

PUBLIC BUILDING

Any publicly owned or leased library or museum.

PUBLIC HOUSING

Any dwelling, complex of dwellings, accommodation, building, structure or facility which is owned by or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law" for the purpose of providing living accommodations to persons of low income. The definition includes real property of any nature appurtenant to the main dwelling, which is used in connection with that dwelling, or complex of dwellings.

PUBLIC PARK

A park or playground owned or controlled by a state, county, or local government unit.

§ 170-4 Copy to be on file; availability.

The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 170-1 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 approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this chapter shall be provided without cost to the County Clerk and to the Office of the Atlantic County Prosecutor.

§ 170-5 Additional findings; intent; applicability.

[Amended 9-22-1998 by Ord. No. 1355]

The following additional matters are hereby determined, declared, recited and stated:

A. It is understood that the map approved and adopted pursuant to § 170-1 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 elementary and secondary schools within the municipality, as well as the location of public parks, public housing and public buildings as defined in N.J.S.A. 2C:35-7.1.

(2) The boundaries of the real property which is owned by or leased to such schools or a school board and the boundaries of the real property considered to be public parks, public housing and public buildings, as defined in N.J.S.A. 2C:35-7.1.

(3) Such school property is and continues to be used for school purposes and that certain properties are considered to be public parks, public housing, and/or public buildings as defined in N.J.S.A. 2C:35-7.1.

(4) The location and boundaries of areas which are on or within 1,000 feet of such school property and/or 500 feet of public parks, public housing, and public buildings.

B. Except as otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted as school property and/or public parks, public housing and public buildings are:

(1) Owned or leased to a school or school board and was being used for school purposes as of July 27, 1998.

(2) Considered to be a public park, public housing, and/or public building as of July 27, 1998.

C. Pursuant to the provisions of the Laws of 1988, Chapter 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 § 170-1 of this chapter. The failure of the map approved herein to depict the location of and boundaries of any property which is in fact used for school purposes, which is owned by or leased to any elementary or secondary school or school board, and/or is considered a public park, public housing, and public building as defined in N.J.S.A. 2C:35-7.1, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the locations 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 a public park, public housing, or public building as defined in N.J.S.A. 2C:35-7.1.

D. All of the requirements set forth in the Laws of 1988, Chapter 44, in N.J.S.A. 2C:35-7.1 (January 9, 1998) concerning the preparation, approval and adoption of a Drug-Free School Zone Map and Drug-Free Public Parks, Public Housing, and Public Buildings Map have been complied with and combined into one Drug-Free Zone Map.