WHEREAS, Severe
weather conditions caused by snow and blizzard conditions, including
hazardous road conditions, high tides and coastal flooding presently
exist in New Jersey; and
WHEREAS, The
aforesaid circumstances 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 provision 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 DONALD T. DiFRANCESCO, Acting 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 do declare and proclaim that a State
of Emergency has existed and presently exists in the State of New
Jersey, and hereby do:
1. Authorized
the Adjutant General in accordance with the Laws of 1963, Chapter
109 (N.J.S.A.38A:2-4) and the Laws of 1979, Chapter 240 (N.J.S.A.38A:3-6.1),
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.
2. Empower
the State Director of Emergency Management, who is the Superintendent
of State Police, in accordance with the Laws of 1942, Chapter
251 (N.J.S.A.App. A:9-33 et seq.) as supplemented and amended,
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 suspend
tolls on highways within the State, 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
the Attorney General, in accordance with the Laws of 1942, Chapter
251 (N.J.S.A. App. A:9-33 et seq.) as supplemented and amended,
and 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 of 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 within 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
helath, safety or welfare because of the conditions created by
this emergency.
5. Further
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
the executive head of any agency or instrumentality of the State
government with authority to promulgate rules, for the duration
of this Executive Order, subject to my prior apporval and in consultation
with the State Director of Emergency Management, to waive, suspend
or modify any existing rule the enforcement of which would be
detrimental to the public welfare during this emergency, notwithstanding
the provisions of the Administrative Procedure Act or any law
to the contrary. Any such waiver, modification or suspension shall
be promulated in accordance with N.J.S.A.App. A:9-45.
FURTHERMORE,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A.App. A:9-34),
as supplemented and amended, I reserve 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.
This Order
shall take effect immediately and shall remain in effect until such
time as it is determined that an emergency no longer exists.
GIVEN,
under my hand and seal
this 30th day of December in the
year of Our Lord two thousand and
the Independence of the United States,
the two hundred and twenty-fifth.
/s/
Donald T. DiFrancesco
Acting Governor
Attest:
/s/ John J. Farmer, Jr.
Attorney General
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