[HISTORY: Adopted by the Borough Council of the Borough of Caldwell
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-1998 by Ord. No. 1067-98]
In accordance with and pursuant to the authority of L.1977, c.327 (N.J.S.A.
2C:35-7.1), the Drug-Free Public Facility Zone Map, produced on or about October
13, 1998, by Mr. Edward Sandve, Borough Engineer, NJPE 32527, is hereby approved
and adopted as an official finding and record of the location and areas within
the municipality of property which is used as a public housing facility, owned
by or leased to a local housing authority; a public park, owned or controlled
by a state, county or local government unit; or a public building consisting
of a publicly owned or leased library or museum; and of the areas on or within
500 feet of the outermost perimeter of such property.
The Drug-Free Public Facility Zone Map, approved and adopted pursuant to § 91-1 of this article, shall continue to constitute an official finding and record as to the location and boundaries of the areas on or within 500 feet of property which is used as a public housing facility, a public park or a public building until such time that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of such property and thereby the Drug-Free Public Facility Zone pertaining to that particular property. In the event that it is necessary to amend the Drug-Free Public Facility Zone Map to reflect any changes to the location and boundaries of such property, the amended map, along with an amendment to this article, shall be presented to the Council for approval and adoption as set forth in § 91-1 of this article.
The local housing authority in the case of a public housing facility, the local parks department in the case of a public park and the Municipal Clerk in the case of a public building are hereby directed and shall have the continuing obligation to promptly notify both the person(s) responsible for producing the Drug-Free Public Facility Zone Map, as set forth in § 91-1 of this article, and the Corporation Counsel of any changes or contemplated changes in the location and boundaries of any such property.
The Municipal Clerk is hereby directed to receive and to keep on file the original of the Drug-Free Public Facility Zone Map as approved and adopted pursuant to § 91-1 of this article, and as amended, approved and adopted pursuant to § 91-2 of this article. Additionally, the Municipal Clerk is hereby directed to provide, at a reasonable cost, a certified copy thereof, together with a copy of this article, to any person, agency or court who may request such copy, except that the Municipal Clerk shall provide, without cost, such copies as are requested by the County Clerk and the Essex 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 § 91-1 of this article 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)
The location of public housing facilities, public parks
and public buildings within the municipality.
(2)
The boundaries of the real property of each such facility or location which is owned by, leased to or controlled by the public as set forth in § 91-1 of this article, and, as set forth in the attached list which is incorporated into this article as it set forth in full.
(3)
That such property is and continues to be used for such
designated purposes.
(4)
The location and boundaries of areas which are on or
within 500 feet of such property.
B.
Pursuant to the provisions of L.1997, c.327 (N.J.S.A. 2C:35-7.1), a prosecutor is not precluded from introducing or relying upon any other evidence of testimony to establish a violation of the offense defined in that statute, including the use of a map or diagram other than the map approved and adopted pursuant to this article. The failure of the approved and adopted map to depict the location and boundaries of any property which is, in fact, used as a public housing facility, a public park or a public building and which is owned by, leased to or controlled by the public as set forth in § 91-1 of this article, for whatever reason, shall not be deemed to be an official finding and record that such property is not owned by, leased to or controlled by the public, or that such property is not used for such stated purpose.
[Adopted 10-27-1998 by Ord. No. 1068-98]
In accordance with and pursuant to the authority of L.1988, c.44, (N.J.S.A.
2C:35-7), the Drug-Free School Zone Map, produced on or about October 13,
1998, by Mr. Edward Sandve, Borough Engineer, NJPE 32527, 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 education 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 the outermost perimeter
of such school property.
The Drug-Free School Zone Map, approved and adopted pursuant to § 91-6 of this article, shall continue to constitute an official finding and record as to the location and boundaries of the 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 educational purposes, until such time that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and thereby the Drug-Free School Zone pertaining to that particular property. In the event that it is necessary to amend the Drug-Free School Zone Map to reflect any changes to the location and boundaries of school property, the amended map, along with an amendment to this article, shall be presented to the Council for approval and adoption as set forth in § 91-6 of this article.
The Municipal Board of Education, in the case of a public school, 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 both the person(s) responsible for producing the Drug-Free School Zone Map, as set forth in § 91-6 of this article, and the Corporation Counsel 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 which is used for school educational purposes.
The Municipal Clerk is hereby directed to receive and to keep on file the original of the Drug-Free School Zone Map as approved and adopted pursuant to § 91-6 of this article, and as amended, approved and adopted pursuant to § 91-7 of this article. Additionally, the Municipal Clerk is hereby directed to provide, at a reasonable cost, a certified copy thereof, together with a copy of this article, to any person, agency or court who may request such copy, except that the Municipal Clerk shall provide, without cost, such copies as are requested by the County Clerk and the Essex 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 § 91-6 of this article 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)
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, as set forth in the attached
list which is incorporated into this article as if set forth in full.
(3)
That such school property is and continues to be used
for school educational purposes.
(4)
The location and boundaries of areas which are on or
within 1,000 feet of such property.
B.
Pursuant to the provisions of L.1988, c.44 (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 the use of a map or diagram other than the map approved and adopted pursuant to § 91-6 of this article. The failure of the approved and adopted map to depict the location and boundaries of any property which is, in fact, used for school educational purposes and which is owned by or leased to any elementary or secondary school or school board, for whatever reason, 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 educational purposes.
