Borough of Bradley Beach, NJ Chapter 189 Emergencies and Disasters, Authority During

[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council) of the Borough of Bradley Beach 2-23-1971 (Sec. 4-10 of the 1974 Code). Amendments noted where applicable.]

§ 189-1 Authority of Mayor during state of disaster or emergency.

Where there exists in the Borough a state of disaster or emergency brought about by natural causes or by the action of any person, and such state may cause violence and injury to be inflicted upon people in the Borough and may cause damage to and destruction of property of the people of the Borough and in order to preserve the public peace and order, to prevent and quell riots, disturbances and disorderly assemblages, all being against the health, safety and welfare of the people of the Borough, the Mayor or the Acting Mayor shall have the authority to declare that a state of disaster or emergency exists and he shall have the authority and be empowered to:

A. Issue orders, proclamations, rules and regulations necessary to meet the various problems which have or may be presented by such emergency.

B. Issue orders or proclamations regulating the hours during which persons shall be prohibited from remaining upon the public streets, ways and places in the Borough or upon any of the foregoing.

C. Issue orders or proclamations regulating the hours during which vehicular traffic shall be prohibited or restricted from traveling over the streets in the Borough or any specified street or areas.

D. Issue orders or proclamations regulating the hours during which all businesses licensed by the Borough to dispense alcoholic beverages shall be closed to business.

E. Issue orders or proclamations regulating the hours during which all sales of gasoline by gasoline service stations in the Borough shall be closed to business.

F. Issue orders or proclamations to be in effect until it is declared that such an emergency no longer exists.

G. Issue orders or proclamations prohibiting persons other than those authorized by law to carry on or about his clothes or person or otherwise have in his possession or under his control alcoholic beverages, narcotics, firearms, weapons which may cause injuries to persons or property, explosives or incendiary devices of any kind during this emergency.

§ 189-2 Publicizing state of emergency or disaster.

The Mayor or Acting Mayor, upon declaring that a state of disaster or emergency exists in the Borough, shall notify local newspapers and local radio stations and request that the announced state of disaster or emergency be publicized at once.

§ 189-3 Decision of Mayor final.

The judgment of the Mayor or Acting Mayor that a state of disaster or emergency exists in the Borough and that it has caused or is likely to cause injury and damage to persons and property within the Borough shall be final and absolute.

§ 189-4 Unlawful actions.

After the Mayor or Acting Mayor has declared that a state of disaster or emergency exists in the Borough and has issued any order and proclamation as set forth in § 189-1, it shall be unlawful and a violation of this chapter for any person to be upon the streets, ways or places in the Borough; to carry on or about his clothes or person or otherwise have in his possession or under his control alcoholic beverages, narcotics, firearms, weapons which can cause injuries to persons or property, explosives or incendiary devices of any kind in the Borough; to dispense alcoholic beverages; or to sell gasoline at any gasoline service station during the hours prohibited by the order or proclamation unless otherwise permitted by the Borough.