[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 257-70 (Sec. 3-1 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Disorderly persons — See Ch. 315.
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. The Borough
Council is charged by N.J.S.A. 40:48-1(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.
B.
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 it is deemed necessary and in the public interests
that the Borough take all appropriate action to insure that orderly
procedures exist to protect persons and property of the citizens of
the Borough.
Whenever the Mayor, in his judgment, or in the event of his
absence, disability or other inability to act, the President of the
Council, or in the temporary absence or disability of both the Mayor
and President of the Council, then the Chief of Police 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 or injury
to or damages to persons or property, he shall have the power to impose
by proclamation any or 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, fireman and 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 emergency, such businesses to include,
but not be limited to those selling intoxicating liquors, cereal malt
beverages, gasoline or firearms and 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.
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 Municipal Building
and, where feasible, by public address systems throughout the Borough.
Any emergency proclaimed in accordance with the provisions of
this article 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; provided, 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 street
or public place 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 a weapon, unlawfully
against the persons or property of another, provided that anything
herein contained shall apply to any law enforcement officer or other
persons engaged lawfully in enforcing the emergency restrictions or
thereunto 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 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.
This article shall be construed to be an addition to any other ordinances or statutes on the same subject and shall particularly be construed to be in addition to the provisions of Chapter 315, Disorderly Persons.
This chapter shall take effect immediately upon its final passage
and publication according to law, pursuant to a resolution declaring
an emergency to exist.
