[HISTORY: Adopted by the Township Council
of the Township of Medford 12-20-1988 by Ord. No. 1988-28. Amendments noted
where applicable.]
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
Maps produced on or about October 17, 1988, by Joseph F. Wiseman,
Township Engineer, are 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.
The Drug-Free School Zone Maps approved and adopted pursuant to § 10-1 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 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.
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 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 elementary or secondary school or School
Board and which is used for 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 § 10-1 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 maps approved and adopted herein and kept on file. It is hereby further directed that a true copy of such maps and of this chapter 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 § 10-1 of this chapter 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 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)
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.
All of the property depicted on the maps 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 P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
C.
Pursuant to the provisions of P.L. 1988, c. 44,[1] 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 ones approved and adopted pursuant to § 10-1 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, 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.
[1]
Editor's Note: See N.J.S.A. 2C:35-4 et seq.
