Township of Colts Neck, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 11-9-1989 (Ch. 19A of the 1969 Code); amended in its entirety 10-13-1999. Subsequent amendments noted where applicable.]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and 2C:35-7.1, the Drug-Free School Zone Map produced in November 1987 by Glenn Gerken, Municipal Engineer, as amended through the latest revision dated August 6, 1999, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which:
A. 
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; or
B. 
Comprises a public housing facility, a public park or a public building and of the areas on or within 500 feet of such public property.
The Drug-Free School Zone Map approved and adopted pursuant to § 109-1 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas:
A. 
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; or
B. 
On or within 500 feet of property on which a public housing facility, public park or public building is situate; 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 the Drug-Free School Zone.
A. 
School property. 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. 
Publicly owned property. The chief administrative officer of the township or any public housing entity, building or park is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any property owned by or leased to any public corporation for use as a public housing facility, public building or public park.
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 § 109-1 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 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 § 109-1 of this chapter was prepared and is intended to be used in 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.
(5) 
The location of public housing facility, public buildings and public parks within the municipality.
(6) 
The boundaries of real property which is owned by or leased to a housing authority in accordance with N.J.S.A. 40A:12A-1 et seq.
(7) 
The location and boundaries of areas which are on or within 500 feet of such school property.
B. 
Except as is otherwise expressly noted herein or 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 April 15, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7). The August 6, 1999 revisions added the following:
Zone
Location
Zone 4
The Freehold Regional High School
Zone 5
Schlessinger Preserve
Zone 6
Memorial Cemetery
Zone 7
Township Park and Library
Zone 8
Bucks Mill Recreation Area
Zone 9
Hominy Hill Golf Course (County)
Zone 10
Freer Nature Preserve
Zone 11
Laird Road Recreation Area
Zone 12
Doorbrook Park (County)
Zone 13
Obre Road Preserve
C. 
Pursuant to the provisions of N.J.S.A. 2C:35-7 and 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation for the offenses defined in that said statutes, including use of a map or diagram other than the one approved and adopted pursuant to § 109-1 of this chapter. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used:
(1) 
For school purposes and which is owned by or leased to any elementary or secondary school or school board; or
(2) 
As a public housing facility, which is owned by or leased to a housing authority pursuant to N.J.S.A. 40A:12A-1 et seq.; or
(3) 
As a public building or park; 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 either a school, school board, public housing authority or other public entity or that such property is not used for school, housing or other public purposes.
D. 
All of the requirements set forth in N.J.S.A. 2C:35-7 and 2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.