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State of New Jersey
Executive Order #120

Governor Christine Todd Whitman

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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