Chapter 46A. Drug Free School Zones

CHAPTER 46A DRUG FREE SCHOOL ZONES

§ 46-1. Adoption.

§ 46-2. Declaration of Policy.

§ 46-3. Notification.

§ 46-4. Cost of Map.

§ 46-5. Compliance.

§ 46-6. Repealer.

§ 46-7. Severability.

§ 46-8. When Effective.

[HISTORY: Adopted by Township Council of the Township of Gloucester on 09-12-88 as Ord. No. O-88-46. [Amendments noted where applicable.]

BE IT ORDAINED by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§46-1. Adoption:

In accordance with and pursuant to the authority of L. 1988, c.44 (C.2C:35-7), the Drug Free School Zone map produced on or about July, 1988 by Charles Riebel, Key Engineers, Inc., Municipal Engineer of Gloucester Township, 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 one thousand feet of such school property. The “Drug-Free Zone Map” was revised by Remington & Vernick Engineers under date of May 5, 2000 and which revised Drug-Free Zone Map is hereby adopted and declared part of this Ordinance and shall be kept on file with the Police Department. [Amended on 11-10-97 by Ord. O-97-30] [Amended on 10-26-98 by Ord. O-98-32][Amended on 06-26-00 by Ord. O-00-18]

§46-2. Declaration of policy:

The Drug-Free School Zone Map approved and adopted pursuant to Section 1 of this ordinance shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand 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 ordinance shall be amended to reflect any additions or delections with respect to the location and boundaries of school property and Drug-Free School Zones.

§46-3. Notification:

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.

§46-4. Cost of Map:

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 Section 1 of this ordinance, 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 ordinance shall be provided without cost to the county clerk and to the office of the Camden County Prosecutor.

§46-5. Compliance:

The following additional matters are hereby determined, declared, recited and stated:

A. It is understood that the map approved and adopted pursuant to Section 1 of this ordinance 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, and

4. the location and boundaries of areas which are on or within one thousand feet of such school property.

B. Except as is otherwise 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 effective date of L. 1987, c.101 (C. 2C:35-7).

C. Pursuant to the provisions of 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 statue, including use of a map or diagram other than the one approved an adopted pursuant to Section 1 of this ordinance. 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 boards, whether the absence of such depiction is the result of any changes in the location 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 official finding and record that such property is not used for school purposes.

D. All of the requirements set forth in L. 1988, c.44 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.

§46-6. Repealer

All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall be and are hereby repealed to the extent of such inconsistency.

§46-7. Severability

If any section, subsection, part, clause or phrase of this ordinance shall be declared invalid by judgement of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this ordinance.

§46-8. When Effective

This ordinance shall take effect 20 days after final passage and publication according to law.