State
of New Jersey
Executive
Order #63
Governor James
E. McGreevey
WHEREAS, widespread power outages have occurred through out the United
States and Canada including portions of the State of New Jersey;
WHEREAS, the power outages have caused rail, bus and other travelers
to be stranded throughout the Northeastern United States and the State
of New Jersey;
WHEREAS, the aforesaid circumstances constitute a disaster from a natural
or unnatural 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;
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly
the provisions N.J.S.A. App. A: 9?33 et seq. and N.J.S.A. 38A:3?6.1 and
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, JAMES E. MCGREEVEY, 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 hereby order and direct:
- In accordance with N.J.S.A. 38A:2?4 and N.J.S.A. 38A:3?6.1, that
the Adjutant General 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.
- The State Director of Emergency Management to implement the State
Emergency Operations Plan and to direct the activation of county and
municipal emergency operations plans as necessary.
- In accordance with N.J.S.A. A:9?33 et seq. as supplemented and amended,
that 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.
- In accordance with N.J.S.A. App. A:9?33 et seq. as supplemented and
amended, that 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 Attorney General and Superintendent of State
Police within their respective municipalities.
- 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.
- 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 their residences
during the course of this emergency.
- That the executive head of any agency or instrumentality of the State
government with authority to promulgate rules may, for the duration
of this Executive Order, subject to my prior approval and in consultation
with the State Director of Emergency Management, 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 promulgate in accordance
with N.J.S.A. App. A:9-45.
- That in accordance with 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.
- In accordance with 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 intefere with or impede the achievement
of the purposes of this Order.
- That 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.
- In accordance with N.J.S.A. App. A:9-34, N.J.S.A. App. A:9-40.6 and
40A:14-156.4, that no municipality or public or semipublic agency send
public works, fire, police, emergency medical or other personnel or
equipment into any non-contiguous disaster-stricken municipality within
this State nor to any disaster-stricken municipality outside this State
unless and until such aid has been directed by the county emergency
management coordinator or his deputies in consultation with the State
Director of Emergency Management,
- 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 Three, and of the Independence
of the United States, the Two Hundred and Twenty-Seventh.
/s/ James
E. McGreevey
Governor
[seal]
Attest:
/s/ Michael R. DeCotiis
Chief Counsel to
the Governor
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