The following matters are hereby determined, declared, recited and stated:
(A) It is understood that the map approved and adopted pursuant to § 38.01 of this chapter 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.
(4) The location and boundaries of areas which are on or within 1,000 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 April 15, 1987, that being the effective date of L. 1987, c. 101 (N.J.S.A. 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 statute, including use of a map or diagram other than the one approved and adopted pursuant to § 38.01. 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 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 a school or school board, or 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.
('74 Code, § 6C-5) (Ord. 414-1988, passed 9-12-88)