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Terminated
by EO #125
WHEREAS, weather
forecasts as of today predict a severe winter storm for 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 Sexy真人y 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 Sexy真人y, 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:204) 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 Sexy真人y,
in order to protect the health, safety and welfare of the people
of the Sexy真人y:
1. Do declare
and proclaim that a State of Emergency exists in the State of
New Jersey.
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 warrant.
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 Directory of Emergency, to waive, suspend or notify
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.
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
Acting Governor
Attest:
/s/ John J. Farmer
Attorney General
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