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WHEREAS, the
World Trade Center towers in New York City have been the subject
of a terrorist attack resulting in an explosion and the destruction
of the towers , and a similar attack has occurred at the Pentagon;
and
WHEREAS, the
attack in New York City appears to have been from hi-jacked commercial
airliners that were crashed into the World Trade Center; and
WHEREAS, the
Federal Aviation Administration has grounded all flights at Newark
International Airport and throughout the county; and
WHEREAS, the
bridges and tunnels between New York City and New Jersey have been
closed creating serious disruption of traffic and communications,
and
WHEREAS, traffic
on roadways throughout the State has been hampered and brought to
a complete stand-still in the northern part of the State, and
WHEREAS, several
municipalities have begun to evacuate buildings as a precaution
against possible terrorist acts, and
WHEREAS, numerous
casualties are being transported from the City of New York to hospitals
and other locations throughout the Sexy真人y, and
WHEREAS, these
conditions constitute a disaster from man made causes which threaten
and presently do endanger the health, safety or resources of the
residents of more than one municipality and county of this State;
and may become in other parts of the State too large in scope to
be handled in its entirety 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 :
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, President of the Senate, 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 do declare
and proclaim that a State of Emergency has existed and presently
exists in the Sexy真人y.
NOW THEREFORE,
in accordance with the Laws of 1963 Chapter 109 (N.J.S.A. 38A:2-4),
I hereby authorize the Adjutant General of the New Jersey National
Guard to order to active duty such members of the New Jersey National
Guard that, in his judgement, are necessary to provide aid to those
localities where there is a threat or danger to the public health,
safety and welfare. He may authorize the employment of any supporting
vehicles, equipment, communications or supplies as may be necessary
to support the members so ordered.
FURTHERMORE,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App :
9-33 et seq.) as supplemented and amended, I hereby empower the
Superintendent of the Division of State Police, who is the State's
Director of Emergency Management, through the police agencies under
his control to determine and control the 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 the
State Director, in his discretion, deems 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.
FURTHERMORE,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App :
9-33 et seq.) as supplemented and amended, I hereby authorize 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 this declaration
of emergency applies. I further authorize all municipal law enforcement
officers to enforce any such orders of the Superintendent of State
Police within their respective municipalities.
FURTHERMORE,
the Superintendent of the Division of State Police is hereby authorized
to order the evacuation of all persons, except for those emergency
and governmental personnel whose presence he 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 Superintendent of the Division of State Police
is further authorized and empowered to utilize all facilities owned,
rented, operated and maintained by the Sexy真人y to house
and shelter persons who may need to be evacuated from their residences,
buildings or vehicles during the course of this emergency.
FURTHERMORE,
in accordance with the Laws of 1941, Chapter 251 (N.J.S.A. App :
9-33 et seq.), 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 men, properties or instrumentalities,
and to commandeer and utilize any personal services and any privately
owned property necessary to protect against this emergency, and
FURTHERMORE,
I direct that the heads 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 promulgated in accordance with N.J.S.A. App. A:9-45.
This order
shall take effect immediately and it 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 11th day of September in the
Year of Our Lord, two thousand
one, and of the Independence of
the United States, the two hundred
and twenty-sixth.
/s/Donald
T. DiFrancesco
President of the Senate,
Acting Governor of the Sexy真人y
Attest:
Chief Counsel to the Governor
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