Drug Free Zones

[HISTORY: Adopted by the Mayor and Council of the Borough of Madison as indicated in article histories. Amendments noted where applicable.]

§ 91-1. Maps.

§ 91-2. Maps to continue in effect.

§ 91-3. Notification of changes in school property.

§ 91-4. Copies of maps on file.

§ 91-5. Additional provisions.

1. The maps approved and adopted pursuant to § 91-1 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state, and, pursuant to N.J.S.A. 2C:35-7, these maps shall constitute prima facie evidence of the following:

(1) The location of elementary and secondary schools within the Borough of Madison.

(2) The boundaries of the real property which is owned by or leased to such schools or a school board.

(3) That each 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 each such school property.

2. All of the property depicted on the maps approved and adopted herein as school property was owned by or leased to an elementary or secondary 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.
3. Pursuant to the provisions of N.J.S.A. 2C:35-7, as amended by P.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 statute, including use of a map or diagram other than the ones approved and adopted pursuant to § 91-1 of this article. The failure of any 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, 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 an elementary or secondary school or school board or that such property is not used for school purposes.
4. All of the requirements set forth in N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44, concerning the preparation, approval and adoption of Drug-Free School Zone Maps have been complied with.

ARTICLE II
Drug-Free Public Area Zones
[Adopted 10-26-1998 by Ord. No. 37-98]

§ 91-6. Map.

§ 91-7. Map to continue in effect.

§ 91-8. Copies of map on file.

§ 91-9. Additional provisions.

1. It is understood that the map approved and adopted pursuant to § 91-6 of this article was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of the State of New Jersey, 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 owned, leased or controlled by the Borough of Madison or the Madison Housing Authority.

(2) The boundaries of the real property which is utilized in connection with public housing facilities, public parks and public buildings owned, leased or controlled by the Borough of Madison or the Madison Housing Authority.

(3) That such property continues to be used as public housing facilities, public parks and/or public buildings.

(4) The location and boundaries of areas which are on or within 500 feet of such public housing facilities, public parks and public buildings.

2. Except as is otherwise expressly noted on the face of the approved map, all of the property depicted on the map as drug-free public area was owned, leased or controlled by the Borough of Madison or the Madison Housing Authority and was being used for public housing facilities, public parks and/or public buildings as of January 9, 1998, that being the effective date of P.L. 1997, c. 327 (N.J.S.A 2C:35-7.1).
3. Pursuant to the provisions of P.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 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 § 91-6 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 public housing facilities, public parks and/or public buildings and which is owned, leased or controlled by the Borough of Madison or the Madison Housing Authority, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the location and boundaries of such property which has 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 or leased by the Borough of Madison or the Madison Housing Authority or that such property is not used for public housing facilities, public parks or public buildings.
4. All of the requirements of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1) concerning the preparation, approval and adoption of a drug-free public area map have been complied with.

§ 91-10. Severability.

[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham as indicated in article histories. Amendments noted where applicable.]

§ 97-1. Adoption of Map.

§ 97-2. Amendment of location and boundaries.

§ 97-3. Notification of changes.

§ 97-4. Copies of Map.

§ 97-5. Additional matters.

1. It is understood that the Map approved and adopted pursuant to § 97-1 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 and of public parks, public buildings and public housing facilities within the Borough of Mendham;

(2) The boundaries of the real property which is owned by or leased to such schools or a school board or to a public entity;

(3) That such property is and continues to be used for school purposes or public purposes; and

(4) The location and boundaries of areas which are on or within 1,000 feet of such school property or on or within 500 feet of such public property.

2. Except as 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 all of the property depicted on the Map approved and adopted herein as public areas was owned by or leased to a public entity and was being used for public purposes as of the effective date of P.L. 1988, c. 44 with respect to school property and as of the effective date of P.L. 1997, c. 327 with respect to public areas.
3. Pursuant to the provisions of P.L. 1988, c. 44 and P.L. 1997, c. 327, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offenses defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to § 97-1. 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 or leased to any elementary or secondary school or school board or used for a public park, public building or public housing facility and which is owned by or leased to any public entity, 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 public entity or that such property is not used for public purposes.
4. All of the requirements set forth in P.L. 1988, c. 44 and P.L. 1997, c. 327 concerning the preparation, approval and adoption of Drug Free School and Public Area Zone Maps have been complied with.

[HISTORY: Adopted by the Town Board of the Town of Wappinger 6-24-1991 by L.L. No. 8-1991. Amendments noted where applicable.]

Alcoholic beverages -- See Ch. 64.
Vehicles and traffic -- See Ch. 230.
Zoning -- See Ch. 240.

§ 108-1. Legislative intent.

1. The Town Board recognizes the proliferation of the illicit use of drugs, narcotics and controlled substances in our society as one of the most threatening and dangerous problems facing our youth. The Town Board has supported programs which educate our young people about the dangers of the illicit use of drugs, narcotics and controlled substances and supports those programs which prevent these problems before they begin. The New York State Division of Substance Abuse Services supports enacted legislation which allows municipalities to create drug-free zones in areas near schools, noting that such drug-free zones create an atmosphere and attitude against the use of drugs and gives the moral support to those young people who wish to resist the use of illegal narcotics.
2. The Town Board acknowledges that Title 21 of the U.S. Code, § 845A, provides for increased penalties for those persons who manufacture, sell or distribute narcotics, controlled substances and marijuana within 1,000 feet of a public or private elementary school location or secondary school or public or private college, junior college or university or within 100 feet of a playground, public or private youth center, public swimming pool or video arcade facility, and that similar provisions exist within the New York State Penal Code. Therefore, the Town Board of the Town of Wappinger hereby expresses its support for the implementation of a drug-free zone program by authorizing the construction and installation of appropriate signs around schools, playgrounds, public or private youth centers, public swimming pools, video arcade facilities that are located on or adjacent to public highways.

§ 108-2. Installation of signs.

1. Within 1,000 feet of a private or public, elementary, vocational or secondary school or a public or private college, junior college or university; or
2. Within 100 feet of a playground, public or private youth club, a public swimming pool, or video arcade facility.

§ 108-3. Authority to install signs.

§ 108-4. Posting requirements.

[HISTORY: Adopted by the Town Board of the Town of Marlborough: Art. I, 7-9-1990. Amendments noted where applicable.]

Alcoholic beverages -- See Ch. 55.

§ 82-1. Establishment; scope.

§ 82-2. Penalties for manufacture, sale or distribution of drugs.

1. The Marlborough Police Department, the Ulster County Sheriff's Department and the New York State Police shall be thereby authorized to follow 21 U.S.C. § 845A, providing that persons manufacturing, selling or distributing narcotics, controlled substances, marijuana and their derivatives within one thousand (1,000) feet of any public property or college or university shall be guilty of a Class C felony.
2. By reason thereof, the penalty under 21 U.S.C. § 841B provides for doubling of the mandatory ten-year-to-life imprisonment penalty and the maximum fine of four million dollars ($4,000,000.) if found guilty of certain quantities of manufacture, sale or distribution of these substances within the above-mentioned drug-free zones in the Town of Marlborough.