[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 9-22-1971.[1] Amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 4-2003, adopted 3-26-2003, repealed former Art. I, Offenses, adopted 7-23-1969 as Ch. 50, Art. I, of the 1969 Code, as amended; and former Art. II, Loitering on Private Property, adopted 7-23-1969 as Ch. 50, Art. II, of the 1969 Code. This ordinance also provided for the renumbering of this article, formerly Art. III, as Art. I, with the sections included herein renumbered from §§ 237-13 through 237-18 as §§ 237-1 through 237-6, respectively. Ord. No. 25-2008, adopted 10-22-2008, changed the title of this chapter from "Peace and Good Order" to "State of Emergency."
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.