§ 179-5. Findings.


Latest version.
  • The following additional matters are hereby determined, declared, recited and stated:
    A. 
    It is understood that the map approved and adopted pursuant to 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 that is and continues to be used for school purposes.
    (3) 
    Such 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.
    (5) 
    The location of property that comprises a public housing facility, public park or other public building within the municipality.
    (6) 
    The boundaries of the real property that is and continues to be used for a public housing facility, public park or other public purpose.
    (7) 
    The location and boundaries of areas which are on, or within, 500 feet of such public property.
    B. 
    A prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of any offense defined in the statutes of this state, including the use of a map or diagram other than the one approved and adopted pursuant to this chapter. The failure of the map approved and adopted herein to depict the location and boundaries of any property which is, in fact, used for school purposes or for public purposes, or 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 or a public housing facility, public park or other public purpose within the municipality.
    C. 
    The Municipal Engineer has complied with the statutory requirements concerning the preparation, approval and adoption of a Drug-Free Zone Map.