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Home My Public Portal AboutOrdinance 01:24 t No.0 -24 Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE I ("DRUG FREE SCHOOL ZONES") OF CHAPTER 121 ("DRUGS AND DRUG PARAPHENALIA") OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED by the Mayor and Council of the Borough of Carteret that Chapter 121, Article I, entitled "Drag-Free School Zones," as amended by Ordinance No. 98-51, is hereby amended and supplemented as follows: SECTION I. The Title of Article I and Section 121-1 are deleted in their entirety and replace with the following: ARTICLE I Drag Free Zones & Drunk Driving Free School Crossings 12 i- 1. Map Adopted. In accordance with and pursuant to the authority of N.J.S.A2C:35-7 and 7.1 the Drug Free Zones & Drunk Driving Frae School Crossing Map and Attachment 1, prepared by Killam Associates, and dated March 30, 2001, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is: (1) used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of areas on or within one thousand _ (i,000' feet of such school property; (2) comprising a public housing facility owned by or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law", (C:40A:12-1, et. seq.) and of the areas on or within five hundred (500') feet of such public housing facility property; (3) comprising a public park, i.e., a park, recreation facility or area or playground owned or controlled by a state, county or local government unit and of the areas on or within five hundred (500') feet of the same; (4) comprising a public building, i.e., any publicly- owned or leased library or museum and of the areas within or within five hundred (500') feet of such a public building; and (5) comprising a school crossing as defined in N.J.S.A. 39:1-1. Items (2), (3) and (4) shall hereinafter be collectively be referred to as "Public Facilities." NO. 01-24 PAOE. 2 SECTION 2. Section 121.2 entitled "Term of Effect" is deleted in its entirety and replaced with the following: 121-2 Term of Effect The Drug Fee Zones & Drunk Driving Free School Crossings Map and Attachment 1 approved and adopted pursuant to section 121-1 of this Article shall continue to constitute an official finding and record as to location and boundaries of the areas on or within one thousand (1,000') feet of any property used for school purposes and which is owned by or leased to any elementary or secondary school or school board, on or within five hundred (500') feet of a Public Facility, or compromising school crossings until such time, if any, that this Article shall be amended to reflect any additions or deletions with respect to the location and boundaries of such school property, Drug Free Zones and. school crossings. SECTION 3. Section 121-5 entitled "Statement of Findings" is hereby amended and supplemented as follows: 12 !-5 Statement of Findings The following additional matters are hereby determined, declared, recited and stated: A. It is understood that the map approved and adopted pursuant to Section 121-1 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 facia 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 one thousand (1,000') feet of such school property; (5) The location of public housing facilities, public parks and public libraries or museums ("Public Facilities"); (6) The boundaries of the real property of the Public Facilities; (7) The location and boundaries of areas which are on or within five hundred (500') feet of such Public Facilities; (8) The location and boundaries of school crossings as defined in N.J.S.A.39: i-1. PAGE 3 B. (No change) C. Pursuant to the provisions of N.J.S.A. 2C:35-7 and 7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in said statutes, including the use of a map or diagram other than one approved and adopted pursuant to Section 121-1 of this Article. The failure of the map approved heroin 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; which comprises a Public Facility; and/or which comprises a school crossing, 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 and 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, that such property does not comprise a Public Facility, or that such property does not comprise a school crossing. D. No change. SECTION 4. All ordinances or parts thereof inconsistent with the provisions of this ordinance are hereby repealed limited to the extent of any such inconsistency. SECTION 5. If any section, paragraph, sub-division, clause or provision of this ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. SECTION 6. This ordinance shall take effect upon its passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN FAZEKA~S__ XXX i R10S QUINONES SANTORO REI_I,21AN SOHAYDA X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto cp Adopted on first reading of the Council of the Borough of'Carteret, N.J., on April 19, 2001 Adopted on second reading after hearing on Hay 3:2001 MUI~IClPA'L CLERK ~ BOROUGH OF CARTERET DRUG FREE ZONES (ATTACHMENT 1) March 30, 2001 500 FOOT DRUG FREE ZONES DESCRIPTION ADDRESS LOT BLOCK Public Parks 1 J. MEDWICK MEM. PARK ALONG RAWAY RIVER 2 PUBLIC PARK SPOGANETZ AVE. 166 371 3 BANICK PARK GRANT & ROOSEVELT AVES. 1 124 4 GRANT AVENUE PARK GRANT & HAYWARD AVES. 5 113 5 CHROME PARK SALEM & PERSHING AVES. 1-5 262 1-5 263 I-5 264 1-5 265 6 CARTERET PARK CARTERET AVE. & LOUIS ST. 24 183 7 SHORECREST PARK SOLTES AVE. & SECAMORE ST. 18 327 8 PARKVIEW PARK ASH & ARTHUR STS. I 279 9 CIVIC CENTER PARK HARRIS ST., PERSHING AVE. 4 156 & HIGH ST. 1 191 Public Housing 10 J. HERMAN GARDENSAPTS. UNION ST. 5 242 11 VICTORY COPELAND HMS. UNION & ESSEX STS. 6.01 243 12 SAM SICA HOMES ESSEX & MERCER STS. 1-4,6, 271 7,9 271 1-5 249 13 EDWARD J. DOLAN HMS. BERGEN ST. 25 268 14 JENNET SMITH VILLAGE NOE & BLANCHARD STS. 1 177 Public Library. 15 CARTERET LIBRARY COOKE AVE 2-7 190 1000 FOOT DRUG FREE SCHOOL ZONES DESCRIPTION ADDRESS LOT BLOCK 1 MINUE ELEM. SCHOOL 83 POSTBLVD. 1,2,3 351 2 ST. JOSEPH'S SCHOOL 865 ROOSEVELT AVE. 26 375 3 CARTERET HIGH SCHOOL 199 WASHINGTON AVE. I 184 4 CARTERET MIDDLE SCH. 300 CARTERET AVE. 25 183 5 HOLY FAMILY SCHOOL 132 EMERSON ST 3,5 201 6 GATEWAY SCHOOL 60 HIGH ST. 2 221 7 COLUMBUS SCHOOL I CARTERETAVE 6 223 8 NATHAN HALE SCHOOL 678 ROOSEVELT AVE I I30 N:\2821\282135.0000\3-30-2001-DFZ-Attachment 1.doc