[HISTORY: Adopted by the Township Committee of the Township of Franklin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-27-1991 by Ord.
No. O-15-91; amended in its entirety 10-27-1998
by Ord. No. O-20-98]
A.
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 July 18, 1991, by Thomas E. Hart, of the firm of Sickels & Masteller,
Inc., Municipal Engineer, for the Township of Franklin, 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 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.
B.
In accordance with and pursuant to the Authority of Public
Law 1998, Chapter 327,[1] the map(s) depicting the drug-free zones for housing facilities,
public parks and/or public buildings prepared on or about October 1998 by
Albert A. Fralinger, Jr., P.A. Engineers, Township Engineer for the Township
of Franklin is (are) hereby approved and adopted as an official finding and
record of the location and areas within the Township of Franklin of property
which is used for public housing, public parks, and public buildings and which
is owned or leased or controlled by the township and of the areas on or within
500 feet of such property.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.1.
A.
The Drug-Free Zone Map approved and adopted pursuant to § 207-1A of this article 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 article shall be amended to reflect any boundaries of school property and Drug-Free School Zones.
B.
The Drug-Free Zone Map(s) approved and adopted pursuant to § 207-1B of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned by or leased or controlled by the Township of Franklin and which are used for purposes of public housing, public parks or public buildings as defined in Paragraph 1(f), Public Law 1998, Chapter 327,[1] until such time, if any, that this article shall be amended to
reflect any boundaries of additional public housing, parks or buildings.
[1]
Editor's Note: See N.J.S.A. 2C:35-7.1.
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 Administrator of the Township of Franklin 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 or controlled
by the township used for purposes of public housing, parks and/or buildings.
The Clerk of the Township of Franklin is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 207-1 of this article and to provide, at 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 article shall be provided without cost to the Gloucester County Clerk and to the office of the Gloucester County Prosecutor.
The following additional matters are hereby determined, declared, recited
and stated:
A.
Schools. It is understood that the map approved and adopted pursuant to § 207-1A of this article 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 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.
Public housing, public parks and public buildings. It is understood that the map(s) approved and adopted pursuant to § 207-1B of this article for purposes of depicting public housing, public parks and public buildings was prepared and 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)
Location of public housing facilities, public parks and
public buildings within the Township of Franklin.
(2)
The boundaries of the real property which is owned by
or leased or controlled by the Township of Franklin.
(3)
That such property is and continues to be used for purposes
of public housing, public parks and public buildings.
(4)
The location and boundaries of areas which are within
500 feet of such public housing, public parks and public buildings.
C.
Exceptions.
(1)
Except where, if anywhere, expressly noted 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 July 9, 1987, that
being the effecting date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
(2)
Except where, if anywhere, expressly noted on the face
of the approved and adopted map(s), all the property depicted on the map(s)
approved and adopted herein as public housing, public parks or public buildings
was owned by or leased by or controlled by the Township of Franklin and was
being used for public housing, public parks or public buildings purposes as
of the effective date of this article.
D.
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 one approved and adopted pursuant to § 207-1 of this article. 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, or of any property which is, in fact, used for public housing, public parks or public buildings and which is owned by or leased or controlled by the Township of Franklin, 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:35-7.
E.
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.
