of New Jersey
on February 16, 2003, severe weather conditions, including snow, winds
and freezing temperatures have made State roadways hazardous to travel
in parts of this State; and
WHEREAS, snow accumulations
make it difficult or impossible for citizens to obtain the necessities
of life as well as essential services such as police, fire and first aid;
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:9-33 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. 39A: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 presently exists in
the State of New Jersey.
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.
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 areas, 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.
Attorney General, pursuant to the provisions of N.J.S.A. 39:A-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 form 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.
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.
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.
RESERVE THE RIGHT,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A. App. A:9-34),
as supplemented and amended 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.
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.
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
my hand and seal this 16th day
of February in the Year of Our Lord, Two Thousand
and Three, and of the Independence of the United States,
the Two Hundred and Twenty-Seventh.
/s/ James E.
/s/ Paul P. Josephson
Chief Counsel to