State
of New Jersey
Executive
Order #131
Governor
James E. McGreevey
WHEREAS, Hurricane Ivan has created severe weather conditions, including
heavy rains, high winds, main stream river flooding, particularly along
the Delaware river in the counties of Sussex, Warren, Hunterdon and Mercer,
that now threatens homes and other structures and the flow of traffic
in the northwestern areas of the State and may affect other counties as
the runoff progresses; 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 and counties of this State;
and which may become too large in scope to be handled by the normal county
and municipal operating services; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly
the provisions of N.J.S.A. App. A: 9 33 et seq., 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;
NOW, 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 declare and proclaim that a State of Emergency exists in the
northwestern area of the State of New Jersey and in the counties of
Sussex, Warren, Hunterdon and Mercer, and may come to exist in other
areas of the State.
- Empower, in accordance with 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 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 Attorney General and 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 N.J.S.A. 38A:2 4 and 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 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.
- 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, I direct 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 18th day
of September in the Year of Our Lord, Two
Thousand and Four, and of the Independence
of the United States, the Two Hundred and Twenty-Ninth.
/s/ James E. McGreevey
Governor
[seal]
Attest:
/s/ Mark J. Fleming
Deputy Chief Counsel to the Governor |