World
Trade Center Information
State
of New Jersey
Executive Department
EXECUTIVE ORDER NO. 131-2001
WHEREAS, the World Trade Center towers in New York City
have been the subject of a terrorist attack resulting
in an explosion and the destruction of the towers ,
and a similar attack has occurred at the Pentagon; and
WHEREAS,
the attack in New York City appears to have been from
hi-jacked commercial airliners that were crashed into
the World Trade Center; and
WHEREAS,
the Federal Aviation Administration has grounded all
flights at Newark International Airport and throughout
the county; and
WHEREAS,
the bridges and tunnels between New York City and New
Jersey have been closed creating serious disruption
of traffic and communications, and
WHEREAS,
traffic on roadways throughout the State has been hampered
and brought to a complete stand-still in the northern
part of the State, and
WHEREAS,
several municipalities have begun to evacuate buildings
as a precaution against possible terrorist acts, and
WHEREAS,
numerous casualties are being transported from the City
of New York to hospitals and other locations throughout
the State of New Jersey, and
WHEREAS,
these conditions constitute a disaster from man made
causes which threaten and presently do endanger the
health, safety or resources of the residents of more
than one municipality and county of this State; and
may become in other parts of the State too large in
scope to be handled in its entirety by the normal municipal
operating services; 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 : 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. 38A:2-4) and all amendments and
supplements thereto, confer upon the Governor of the
State of New Jersey certain emergency powers.
THEREFORE,
I, Donald T. DiFrancesco, President of the Senate, Acting
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 has existed and presently exists in the
State of New Jersey.
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 judgement, 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 (N.J.S.A.
App : 9-33 et seq.) 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
and control the 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 the State Director, in his discretion,
deems 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.
FURTHERMORE,
in accordance with the Laws of 1942, Chapter 251 (N.J.S.A.
App : 9-33 et seq.) as supplemented and amended, I hereby
authorize 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
this declaration of emergency applies. I further authorize
all municipal law enforcement officers to enforce any
such orders of the Superintendent of State Police within
their respective municipalities.
FURTHERMORE,
the Superintendent of the Division of State Police is
hereby authorized to order the evacuation of all persons,
except for those emergency and governmental personnel
whose presence he 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. The Superintendent of the
Division of State Police is further authorized and empowered
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 their residences,
buildings or vehicles during the course of this emergency.
FURTHERMORE,
in accordance with the Laws of 1941, Chapter 251 (N.J.S.A.
App : 9-33 et seq.), 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, and
FURTHERMORE, I 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 it 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 11th day of September
in the Year of Our Lord, two thousand one, and of the
Independence of the United States, the two hundred and
twenty-sixth.
PRESIDENT OF THE SENATE, ACTING GOVERNOR OF THE STATE
OF NEW JERSEY
DONALD T. DIFRANCESCO
Attest:
Chief
Counsel to the Governor
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