[HISTORY: Adopted by the Township Committee of the Township of Mullica as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco — See Ch. 214.
[Adopted 8-23-1988 by Ord. No. 10-88]
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 produced on or about November 11, 1987, by Pennoni Associates, Municipal Engineer, 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.
The Drug-Free School Zone Map approved and adopted pursuant to § 116-1 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 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.
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 § 116-1 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.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to § 116-1 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 property.
B. 
Except as is otherwise expressly noted on the facts 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).
C. 
Pursuant to the provisions of P.L. 1988, c. 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 § 116-1 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 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, concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Adopted 12-8-1998 by Ord. No. 23-98]
In accordance with and pursuant to N.J.S.A. 2C:35-7.1, the map attached hereto and specifically made a part of this article by this reference is officially adopted by the Township Committee of the Township of Mullica as a map showing drug-free areas pursuant to said N.J.S.A. 2C:35-7.1. Said map was prepared by David Wood, Township Engineer of the Township of Mullica, and is dated September 15, 1998, as assigned Project No. MT 126. Said map is hereby approved and adopted as an official finding and record of the location of areas being within 500 feet of real property comprising a public housing facility, a public park or a public building, all of such terms as defined in N.J.S.A. 2C:35-7.1.
The map approved and adopted pursuant to this article shall continue to constitute an official finding and record as to the location and boundaries of areas within 500 feet of a public housing facility, a public park or a public building until such time as this article shall be amended to reflect any additions, deletions or other modifications to said location and boundary lines.
A copy of this article and the map attached hereto and specifically made a part herein is to be filed with the Township Clerk of the Township of Mullica, and said Clerk is directed to keep on file the original of said ordinance and map and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request the same. Said Clerk shall also provide a certification that such copy is a true copy of the map approved and adopted herein and kept on file.
Nothing in this article is intended to in any way repeal any ordinance adopted by the Township of Mullica or any drug-free zone map adopted pursuant thereto pertaining to schools or otherwise. The map adopted pursuant to this article is intended only to show property on or within 500 feet of any public housing facility, a public park or public building.
The following additional matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to this article was prepared for and is intended to be used as evidence in prosecutions arising under the criminal statutes of the State of New Jersey and that, pursuant to N.J.S.A. 2C:35-7.1, such map shall constitute prima facie evidence of the location and boundary of those areas on or within 500 feet of any public housing facility, a public park or public building.
B. 
Pursuant to N.J.S.A. 2C:35-7.1, nothing in this article shall be construed to preclude the prosecution in any criminal matter from introducing or relying upon any other evidence or testimony to establish any element of a required offense; nor shall this article be construed to preclude the use or admissibility of any map or diagram other than the one which has been approved pursuant to this article, provided that said map or diagram is otherwise admissible pursuant to the Rules of Evidence. This includes evidence of any area on or within 500 feet of real property comprising a public housing facility, a public park or public building which is not contained on the map adopted by this article because of the inadvertent omission of the same or due to changes in the location and boundaries of such property or the acquiring of such property by the Township of Mullica.