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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:

  1. 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.

  2. 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.

  3. 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.

  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 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.

  7. 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.

  8. 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

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