[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 12-31-1975 as § 4-4 of the 1975 Code. Amendments noted where
applicable.]
When in the judgment of the Mayor a civil emergency or the threat of
the same is deemed to exist, he shall by proclamation determine such an emergency
to exist and immediately post notice thereof in at least five (5) conspicuous
places within the borough.
Upon the Mayor's determination and declaration of a state of emergency
by him, the Mayor is authorized to exercise the following powers, provided
that any such powers shall not continue to be in force and effect for a longer
period than forty-eight (48) hours unless, at the expiration of such period
of time, a resolution of the Council is duly adopted extending the duration
of the civil emergency:
A.
Order a general curfew applicable to such portion of
the borough or age group within the borough as deemed advisable to be applicable
during such hours of the day and night as is necessary for the protection
of the public safety and welfare.
B.
Order that all persons licensed under the Alcoholic Beverage
Control Law[1] who dispense alcoholic beverages at retail, wholesale or for on-premises
consumption, as well as private groups or portions thereof where the consumption
of alcoholic beverages is permitted, shall close their establishments and
cease operation of their businesses during the hours or periods deemed necessary
under the emergency.
C.
Order the discontinuance of the selling, distributing
or giving away of gasoline, or other liquid flammable or combustible products,
and order the closing of all gasoline stations and other establishments the
chief activity of which is the selling, distributing and dispensing of liquid
flammable or combustible products, or to limit the sale or distribution of
such gasoline and like products directly into the tanks of motor vehicles.
D.
Order the discontinuance of the selling, distributing,
dispensing or giving away of any firearms or ammunition of any character whatsoever,
and order that all such establishments or portions thereof which engage in
the sale, distribution, dispensing or giving away of firearms or ammunition
shall close and cease such activity.
E.
Order that no person, other than the State Police, National
Guard, local police authorities or any other person as may be authorized by
the Council, shall carry, hold or possess, in any motor vehicle, carriage,
motorcycle or other vehicle, or carry on or about his clothes or person or
otherwise in his possession, or have in his control, alcoholic beverages,
narcotics, firearms, explosives or flammable materials of any kind during
the emergency, except as may be specifically authorized.
F.
Order that the State Police, National Guard and Borough
Police take any and all measures required to quell disturbances and outbreaks
of violence, to secure areas within the borough, to prevent and deter actual
or threatened harm to persons or property, to prevent looting, and generally
take all action necessary to implement and effectuate these regulations, as
well as the statutes of this state and all ordinances of the borough.
Wherever practicable, a copy of the proclamation shall be posted in
a prominent place at or near the various premises affected by the emergency
powers, and a copy thereof shall be delivered to the owners or occupants of
the premises or any responsible person in charge thereof. In no event, however,
shall the failure to post such notice or deliver a copy thereof render the
exercise of such powers ineffective or invalid.
[Amended 3-21-1988 by Ord. No.
955[1]]
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
