When there exists in the Borough of Eatontown
a state of emergency or civil disorder, brought about by natural causes
or by the action of any person or persons, and such state of emergency
or civil disorder causes or may cause violence and injury to be inflicted
upon people in the Borough of Eatontown, and causes or may cause damage
and destruction to property of the people of the Borough of Eatontown,
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 of Eatontown,
then in that event the Mayor of the Borough of Eatontown shall have
the authority to declare that a state of emergency or civil disorder
exists and he shall have the authority and be empowered to do the
following:
A. Issue such orders, proclamations, rules and regulations
as are necessary to meet the various problems which have or may be
presented by such emergency or civil disorder.
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 of Eatontown.
C. Issue orders or proclamations regulating the hours
during which vehicular traffic shall be prohibited or restricted from
traveling over the streets of the Borough of Eatontown.
D. Issue orders or proclamations regulating the hours
during which all businesses licensed by the Borough of Eatontown to
dispense in any way alcoholic beverages shall be closed to business.
E. Issue orders or proclamations regulating the hours
during which all sales of gasoline in the Borough of Eatontown shall
be prohibited.
F. Issue orders or proclamations to be in effect until
it is declared that such state of emergency or civil disorder 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 the emergency or civil disorder.
The Mayor, upon declaring that a state of emergency
or civil disorder exists in the Borough of Eatontown, shall forthwith
notify local newspapers and local radio stations and request that
the announced state of emergency or civil disorder be publicized at
once.
The judgment of the Mayor that a state of emergency
or civil disorder exists within the Borough of Eatontown and that
it has caused or is likely to cause injury and damage to person and
property within the Borough of Eatontown shall be final and absolute.
After the Mayor has declared that a state of
emergency or civil disorder exists in the Borough of Eatontown and
has issued an order or proclamation regulating the movements of persons
or vehicles in or about the Borough of Eatontown, or the dispensing
by licensed persons of alcoholic beverages therein, or the sale of
gasoline in the Borough of Eatontown, or for persons to carry on or
about his clothes or person or otherwise have in his possession or
under his control alcoholic beverages, narcotics, firearms or weapons
which can cause injuries to persons or property, explosives or incendiary
devices of any kind in the Borough of Eatontown, it shall be unlawful
and a violation of this chapter for any person to be upon the streets,
ways or places in the Borough of Eatontown, to drive vehicles over
the streets in the Borough of Eatontown, 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 of Eatontown, to dispense alcoholic beverages
or to sell gasoline during the hours prohibited by said order or proclamation,
unless otherwise permitted by the Borough of Eatontown.
If the Mayor of the Borough of Eatontown shall
be incapacitated or unable to discharge his duties as such, then in
that event the individual appointed in his place and stead shall have
all powers hereinbefore conferred upon the Mayor.
[Amended 3-26-2003 by Ord. No. 4-2003]
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be subject to a
fine not exceeding $1,250, a term of imprisonment not exceeding 90
days or a period of community service not exceeding 90 days, or any
combination thereof.
[Added 10-22-2008 by Ord. No. 25-2008]
A. If any provision or portion of a provision of this
chapter is held to be unconstitutional, preempted by federal or state
law, or otherwise invalid by any court of competent jurisdiction,
the remaining provisions of this chapter shall not be invalidated.
B. All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies.