[Adopted 11-24-1998 by Ord. No. 98-13 as
Ch. 91 of the 1998 Code; amended in its entirety 5-24-2016 by Ord. No. 16-09]
The Township Council authorized the Township Engineer to prepare
a map depicting the location and boundaries of drug-free school zones
in the Township pursuant to the mandate of N.J.S.A. 2C:35-7, and such
map was prepared and was originally designated as "Drug-Free Zone,
Township of Ewing, County of Mercer, State of New Jersey, January
1988," was revised in 2001 and designated, "Drug-Free Zone, Township
of Ewing, County of Mercer, State of New Jersey, October 2001," was
revised in 2002 and designated, "Drug-Free Zone, Township of Ewing,
County of Mercer, State of New Jersey, October 2002," and has again
been revised and is now designated "Drug-Free Zone, Township of Ewing,
County of Mercer, State of New Jersey, May 4, 2016," which reflects
additions and/or deletions with respect to the location and boundaries
of school property and drug-free school zones, and is on file in the
office of the Municipal Clerk, and the Council has reviewed such map.
The map be and is hereby found to be an accurate and reliable record
of the location and areas within the Township 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 in or within
1,000 feet of such school property, and such map is approved and adopted
as the official finding and record of such location and areas.
The Drug-Free School Zone Map approved and adopted pursuant to §
157-1 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 a 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 Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to §
157-1 of this chapter, and to provide, at a reasonable cost as set by this Code, 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 Mercer 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 §
157-1 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.
(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. All of the property depicted on the map approved 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 N.J.S.A. 2C:35-7, and/or as of May 4, 2016, the
date of the most recent map.
C. Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 §
157-1 of this chapter. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used 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.
D. All of the requirements set forth in P.L. 1988, c. 44 (N.J.S.A. 2C:35-7),
concerning the preparation, approval and adoption of a drug-free school
zone map have been complied with.
[Adopted 12-10-2002 by Ord. No. 02-26;
amended in its entirety 5-24-2016 by Ord. No. 16-09]
The Township Council authorized the Township Engineer to prepare
a map depicting the location and boundaries of the area 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.), a public park,
or a publicly owned or leased library or museum in the Township pursuant
to the mandate of N.J.S.A. 2C:35-7.1, and such map was prepared and
was designated as "Drug-Free Zone, Township of Ewing, County of Mercer,
State of New Jersey, October 2001," was revised in 2002 and designated
"Drug-Free Zone, Township of Ewing, County of Mercer, State of New
Jersey, October 2002," and has been revised and is now designated
as "Drug-Free Zone, Township of Ewing, County of Mercer, State of
New Jersey, May 4, 2016," and is on file in the office of the Municipal
Clerk, and the Council has reviewed such map. The map be and is hereby
found to be an accurate and reliable record of the location and areas
within the Township of property which is owned 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.), a public park, or a publicly
owned or leased library or museum, and the areas in or within 500
feet of such public property, and such map is approved and adopted
as the official finding and record of such location and areas.