[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
by Ord. No. 1975-4 as Sec. 3-5 of the Revised General Ordinances. Amendments
noted where applicable.]
A.
Widespread public disorder has erupted in municipalities
throughout the country resulting in numerous deaths and personal injuries
and in property damage of hundreds of millions of dollars.
B.
The Council is charged by N.J.S.A. 40:48-1, Subsection
6, to make and enforce ordinances to preserve the public peace and order and
to prevent and quell riots, disturbances and disorderly assemblages; and by
the provisions of N.J.S.A. 2A:48-1 et seq., the borough is liable for destruction
or injury to real or personal property by reason of a mob or riot, subject
to the conditions therein set forth.
C.
The Mayor is the chief executive and administrative official
of the borough charged with the duty of executing all laws and ordinances
of the borough and specifically charged with the duty of maintaining peace
and good order and suppressing riots and tumultuous assemblies.
D.
It is deemed necessary and in the public interests that
the borough take all appropriate action to ensure that orderly procedures
exist to protect persons and property of the citizens of the borough.
Whenever, in the judgment of the Mayor, or in the event of his absence,
disability or other inability to act, the President of Council, or in the
event of the inability of the President of Council to so act, the member of
Council having the longest term of service as such or in the event of the
absence, disability or other inability to act of all of them, then the Chief
of Police of the borough determines that an emergency exists as a result of
mob action or other civil disobedience, including riot, rout or unlawful assembly,
or real and present danger thereof causing or likely to cause danger of injury
to or damages to persons or property, he shall have the power to impose by
proclamation any and all of the following regulations deemed by him necessary
to preserve the peace and order of the borough.
A.
To impose a curfew upon all or any portion of the borough,
thereby requiring all persons in such designated curfew areas to forthwith
remove themselves from the public streets, areas, parks or other public places;
provided, however, that physicians, nurses and ambulance operators performing
medical services, utility personnel maintaining initial public services, firemen
and borough authorized or requested law enforcement officers and personnel
shall be exempted from such curfew.
B.
To order the closing of any business establishments anywhere
within the borough for the period of the emergency, such businesses to include,
but not be limited to those selling intoxicating liquors, cereal malt beverages,
gasoline or firearms or ammunition.
C.
To designate any public street, thoroughfare or vehicle
parking areas closed to motor vehicles and pedestrian traffic.
D.
To call upon regular and auxiliary law enforcement agencies
and organizations within or without the borough to assist in preserving and
keeping the peace within the borough and in enforcing the proclamation of
emergency.
E.
Issue such other orders as are immediately necessary
in his judgment for the protection of life and property.
The proclamation of emergency provided herein shall become effective
upon its issuance to news media or immediate dissemination to the public,
its posting on a bulletin board in the borough hall and, where feasible, by
public address systems throughout the borough. Any emergency proclaimed in
accordance with the provisions of this chapter shall terminate after 48 hours
from the issuance thereof, or upon the issuance of a proclamation determining
an emergency no longer exists, whichever occurs first; however, that such
emergency may be extended for such additional comparable periods of time as
determined necessary by the Mayor.
A.
During the period of such emergency, no person shall
make, carry, possess or use any type of Molotov cocktail, gasoline or petroleum
base fire bomb or other incendiary missile.
B.
No person shall consume any alcoholic beverages in a
public place or public street or in any motor vehicle driven or parked thereon.
C.
No person shall carry or possess any rock, bottle, club,
brick or weapon or other object capable of being used as as weapon, unlawfully
against the persons or property of another, provided that anything herein
contained shall not apply to any law enforcement officer or other person engaged
lawfully in enforcing the emergency restrictions authorized by the Mayor.
D.
No person shall carry or transport gasoline or other
liquid, flammable or combustible products in any container other than a gasoline
tank properly affixed to a motor vehicle.
E.
No person shall intercept or interfere with police and/or
fire radio broadcasts.
F.
Nothing herein shall be deemed to authorize any of the
prescribed conduct at any other times when it is prohibited by law.
Any person who shall violate any of the provisions of this chapter or who shall willfully fail or refuse to comply with the proclamation or shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency, shall be subject to the penalty in Chapter 1, General Provisions, Article II, Penalties.
