This
executive order rescinded by EO #80 Whitman.
WHEREAS, beginning
February 4, 1998 and continuing February 5, 1998 heavy rains, strong
winds and high tides have created flooding, hazardous road conditions,
and threatened homes and other structures in the coastal areas of
the State; and
WHEREAS, the
aforesaid severe weather conditions constitute a disaster from a
natural cause which threatens and presently endangers the health,
safety and resources of the residents of one or more municipalities
or counties of this State, and which is in some parts of the State
and may become in other parts of the State too large in scope to
be handled by the normal municipal operating services; and
WHEREAS, the
Constitution and statutes of the State of New Jersey, particularly
the provisions of the Laws of 1942, Chapter 251 (N.J.S.A. App. A:9-33
et seq.) and the Laws of 1979, Chapter 240 (N.J.S.A. 38A:3-6.1)
and the Laws of 1963, Chapter 109 (N.J.S.A. 38A:2-4) and all amendments
and supplements thereto, confer upon the Governor of the State of
New Jersey certain emergency powers;
THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
in order to protect the health, safety and welfare of the people
of the State of New Jersey:
1. Do declare
and proclaim that a State of Emergency has existed and presently
exists in Atlantic, Cape May, Monmouth and Ocean Counties.
2. Empower,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. A:9-33
et seq.) as supplemented and amended, the State Director of Emergency
Management, who is the Superintendent of State Police, through
the police agencies under his control, to determine the control
and direction of the flow of such vehicular traffic on any State
highway, municipal or county road, including the right to detour,
reroute or divert any or all traffic and to prevent ingress or
egress from any area, that, in the State Director's discretion,
is deemed necessary for the protection of the health, safety and
welfare of the public, and to remove parked or abandoned vehicles
from such roadways as conditions warrant.
3. Authorize,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App.
A:9-33 et seq.) as supplemented and amended, the Attorney General,
pursuant to the provisions of N.J.S.A. 39:4-213, acting through
the Superintendent of the Division of State Police, to determine
the control and direction of the flow of vehicular traffic on
any State or interstate highway, and its access roads, including
the right to detour, reroute or divert any or all traffic, and
to prevent ingress or egress from any area to which the declaration
of emergency applies. I further authorize all law enforcement
officers to enforce any such orders of the Superintendent of State
Police with their respective municipalities.
4. Authorize,
the State Director of Emergency Management to order the evacuation
of all persons, except for those emergency and governmental personnel
whose presence the State Director deems necessary, from any area
where their continued presence would present a danger to their
health, safety or welfare because of the conditions created by
this emergency.
5. Authorize
and empower the State Director of Emergency Management to utilize
all facilities owned, rented, operated and maintained by the State
of New Jersey to house and shelter persons who may need to be
evacuated from a residence, dwelling, building, structure or vehicle
during the course of this emergency.
6. Authorize,
in accordance with the Laws of 1963, Chapter 100 (N.J.S.A. 38A:3-6.1),
the Adjutant General to order to active duty such members of the
New Jersey National Guard that, in the Adjutant General's judgment,
are necessary to provide aid to those localities where there is
a threat or danger to the public health, safety and welfare and
to authorize the employment of any supporting vehicles, equipment,
communications or supplies as may be necessary to support the
members so ordered.
7. Reserve,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App.
A:9-34), as supplemented and amended, the right to utilize and
employ all available resources of the State government and of
each and every political subdivision of the State, whether of
persons, properties or instrumentalities, and to commandeer and
utilize any personal services and any privately owned property
necessary to protect against this emergency.
8. This
Order shall take effect immediately and shall remain in effect
until such time as it is determined by me that an emergency no
longer exists.
GIVEN,
under my hand and seal
this 6th day of February in the
Year of Our Lord, One Thousand
Nine Hundred and Ninety Eight,
and of the Independence of the
United States, the Two Hundred
and Twenty-Second.
/s/
Christine Todd Whitman
Governor
Attest:
/s/ John J.
Farmer, Jr.
Chief Counsel to the Governor
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