[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:
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:
A.
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.
B.
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.
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 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 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.
F.
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.
