[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 86, § 86-2, of the 1994 Code of Ordinances. Amendments noted where applicable.]
N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2 authorize the governing body of every municipality to enact regulations to preserve the public peace and order, to protect property and to prevent and quell riots, disturbances and disorderly assemblages, and, further, to enact regulations for the protection of persons and property and for the preservation of public safety and welfare of the Township and its inhabitants. The Township Council deems it necessary to provide for appropriate authority and outline orderly procedure in order to accomplish these purposes.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- CIVIL EMERGENCY
- Any riot, disturbance or disorderly assemblage characterized by the use of actual force or violence, or any potential threatened force or violence if accompanied by the immediate means of doing so by five or more persons acting together without lawful authority.
- A prohibition against any persons or particular class or age group of persons walking, running, loitering, standing or motoring upon any street, highway, public property or vacant premises within the limits of the Township, except persons officially performing their duties with reference to the emergency.
When in the judgment of the Mayor a civil emergency or the threat of a civil emergency is deemed to exist, the Mayor shall, by regulation, determine such an emergency to exist and immediately post notice thereof in at least five conspicuous places within the Township.
Upon the determination and declaration of a state of emergency, the Mayor is authorized to exercise the following powers; provided, however, that any such powers shall not continue to be in force and effect for a longer period than 48 hours unless, at the expiration of such period of time, the Mayor, by regulation, shall extend the duration of the civil emergency:
Order a general curfew applicable to such portion of the Township or age group within the Township as the Mayor might deem advisable to be applicable, during such hours of the day and night as are necessary for the protection of the public safety and welfare.
Order that all persons licensed under the Alcoholic Beverage Control Law 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.
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 limit the sale or distribution of such gasoline and like products directly into the tanks of motor vehicles.
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.
Order that no person, other than the state police, National Guard, local police authorities or any other person as may be authorized by the Mayor, 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 by the Mayor.
Order that the state police, National Guard and Township police take any and all measures required to quell disturbances and outbreaks of violence, to secure areas within the Township, 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 the regulations of this chapter as well as the statutes of this state and all ordinances of the Township.
Whenever a determination and declaration of a civil emergency is promulgated and emergency powers are exercised by the Mayor, the exercise thereof shall be incorporated in a regulation duly adopted by the Mayor. Wherever practicable, a copy of the regulation 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.