EXECUTIVE ORDER No.
WHEREAS, weather forecasts as of today predict a severe winter stormfor
the period March 4 to 6, 2001 threatening heavy rain, high winds, possible
river and tidal flooding, beach erosion and significant snowfalls in
blizzard-like conditions; and,
WHEREAS, the aforesaid weather conditions require advance preparations
to adequately protect the health, safety, welfare and property of the
people of the State of New Jersey particularly with respect to the possible
evacuation of the barrier islands; 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, 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 exists in the
State of New Jersey.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. App. A:9-45.
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.
Dated |
GIVEN, under my hand and seal this 4th day
of March in the year of Our Lord two thousand
one and the Independence of the United States, the two hundred and
twenty-fourth.
/s/ Donald T. DiFrancesco
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Donald T. DiFrancesco, Acting-Governor |
Attest: /s/ John J. Farmer Attorney General
|