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State of New Jersey
Executive Order #37

Governor James J. Florio

This executive order has been terminated by Order No. 44 (Florio)

WHEREAS, severe weather conditions of July 13, 1991, including heavy rains, have caused flooding which resulted in the destruction of a traffic bridge on Route 9, a State highway in Lacey Township, County of Ocean; and

WHEREAS, this condition causes a continued impediment to the use of Route 9, a heavily trafficked State highway particularly during the summer and on weekends, and other major transportation routes and facilities in the area; and

WHEREAS, the management and control of the traffic emergency caused by the destruction of the bridge on this crucial portion of Route 9 is beyond the capability of local authorities; and

WHEREAS, the expeditious correction of this traffic emergency may require the assistance and resources of the State government and of each and every political subdivision of this State, whether of men, properties or instrumentalities, and may require the commandeering and utilization of any personal services and any privately owned property; 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:9-34, A-9-51) and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers.

THEREFORE, I, JAMES J. FLORIO, 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 limited State of Emergency has and presently exists in Ocean County.

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 judgment, 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 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 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 he, in his discretion, deems necessary for the protection of the health, safety and welfare of the public.

FURTHERMORE, in accordance with the Laws of 1942, Chapter 251, 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.

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.

Date:

GIVEN, under my hand and seal this
19th day of July in the Year of Our
Lord, one thousand nine hundred and
ninety-one, and of the Independence
of the United States, the two hundred
and sixteenth.

/s/ James J. Florio
GOVERNOR

Attest:

/s/
Edward J. McBride, Jr.
Assistant Counsel to the Governor

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