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State of New Jersey
Executive Order #48

Governor James E. McGreevey

WHEREAS, beginning 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; 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:9-33 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.

I hereby:

  1. AUTHORIZE, in 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.

  2. 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.

  3. AUTHORIZE the 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.

  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. 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.

  7. 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 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 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. McGreevey

Governor

[seal]

Attest:

/s/ Paul P. Josephson

Chief Counsel to the Governor

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