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ORDINANCE 2004-16ORDINANCE 2004 -16 • AN ORDINANCE PROVIDING FOR THE APPROVAL AND ADOPTION OF MAPS DEPICTING THE LOCATION AND BOUNDARIES OF DRUG -FREE SCHOOL, PARK AND PUBLIC BUILDINGS OR HOUSING ZONES, AND MAKING OFFICIAL FINDINGS AND RECORDS OF THE LOCATION AND BOUNDARIES OF SUCH ZONES BE IT ORDAINED by the Township Council of the Township of Cherry Hill, County of Camden, State of New Jersey as follows: Section 1. In accordance with and pursuant to the authority of N.J.S.A. 2C:35 -7 et seq. and N.J.S.A. 2C:35 -7.1 the Drug -Free School, Park, Public Buildings and Public Housing Zone map, produced on or about September 30, 2004 by Remington & Vernick Engineers, Cherry Hill Township's appointed Municipal Engineer, is hereby approved and adopted as official findings and records of the locations 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 and of property which is a public park, public building or public housing facility; Section 2. The Drug -Free School, Park, Public Building and Public Housing Zone Map, approved and adopted pursuant to Section 1 of this ordinance, shall continue to constitute official findings and records 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, and of property which is a public park, public building or public housing facility and of the areas on or within five hundred feet of • such public park, public building or public housing facility, until such time, if any, that this ordinance shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug -Free School Zones. Section 3. 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 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. Section 4. The clerk of the municipality is hereby directed to receive and to keep on file the original of the maps 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. Section 5 . 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 as it pertains to schools, 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) 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 as it pertains to public f arks, public buildings and/or public housing, shall constitute prima facie evidence of the ollowing: 1) the location of public parks, public buildings and public housing facilities within the municipality; 2) the boundaries of the real property of such public park, public building or public housing facility; 3) that such public park, public building or public housing facility continues to be used for such purposes; and 4) the location and boundaries of areas which are on or within five hundred feet of such public park, public building or public housing facility property. (c) 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 N.J.S.A. 2C:35 -7. (d) 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 Section 1 of this ordinance. The failure of the maps 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 public park, public building or public housing facility, 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. (e) Compliance has been made with all of the requirements set forth in N.J.S.A. 2C:35- 7 and N.J.S.A. 2C:35 -7.1 concerning the preparation, approval and adoption of Drug -Free school, public park, public building or public housing facility Zone maps. Section 6. Certified copies of this ordinance shall be sent to the Office of the Camden County Prosecutor and Camden County Clerk upon final passage. Section 7. This ordinance shall take effect 20 days after final passage and publication according to law. INTRODUCED: OCTOBER 12, 2004 • • ADOPTED: OCTOBER 25, 2004 ATTEST: MAYOR, BERNARD PLATT COUNjtIL PRESIDENT 1 ` Z� NANCY L.(S FFOS, RNi TOWNSHI CLERK •