WHEREAS, the heavy rainfall starting on August 12, 2000 has created
conditions which threaten homes, bridges, dams and other structures,
and the flow of traffic in areas of the State; and,
WHEREAS, the aforesaid weather conditions constitute an imminent
hazard 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 Morris and Sussex 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
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 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 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 109
(N.J.S.A. 38A:2-4) and the Laws of 1979, Chapter 240 ( 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. 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 approval
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 promulgated in accordance with N.J.S.A.
9. It shall be the duty of every person or entity in this State
or doing business in this State and of the members of the governing
body and every official, employee or agent of every political
subdivision in this State and of each member of all other governmental
bodies, agencies authorities in this State of any nature whatsoever,
to cooperate fully with the State Director of Emergency Management
in all matters concerning this state of emergency.
10. Pursuant to the Laws of 1942, Chapter 251, as supplemented
and amended (N.J.S.A. App. A:9-40), no municipality, county or
any other agency or political subdivision of this State shall
enact or enforce any order, rule, regulation, ordinance or resolution
which will or might in any way conflict with any of the provisions
of this Order, or which will in any way interfere with or impede
the achievement of the purposes of this Order.
11. 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 14th day of August in the Year
of Our Lord, Two Thousand, and
of the Independence of the United
States, the Two Hundred and Twenty-Fifth.
/s/ Christine Todd Whitman
/s/ Robert E. Fabricant
Chief Counsel to the Governor