Borough of Red Bank, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank by Ord. No. 257-70 (Sec. 3-1 of the 1987 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly persons — See Ch. 315.

§ 50-1 Preamble.

A. 
Widespread public disorder has erupted in municipalities throughout the country resulting in numerous deaths and personal injuries and in property damage of hundreds of millions of dollars. The Borough Council is charged by N.J.S.A. 40:48-1(6) to make and enforce ordinances to preserve the public peace and order and to prevent and quell riots, disturbances and disorderly assemblages; and by the provisions of N.J.S.A. 2A:48-1 et seq., the Borough is liable for destruction or injury to real or personal property by reason of a mob or riot, subject to the conditions therein set forth.
B. 
The Mayor is the chief executive and administrative official of the Borough charged with the duty of executing all laws and ordinances of the Borough; and it is deemed necessary and in the public interests that the Borough take all appropriate action to insure that orderly procedures exist to protect persons and property of the citizens of the Borough.

§ 50-2 Powers of Mayor in emergency.

Whenever the Mayor, in his judgment, or in the event of his absence, disability or other inability to act, the President of the Council, or in the temporary absence or disability of both the Mayor and President of the Council, then the Chief of Police determines that an emergency exists as a result of mob action or other civil disobedience, including riot, rout or unlawful assembly, or real and present danger thereof causing or likely to cause danger or injury to or damages to persons or property, he shall have the power to impose by proclamation any or all of the following regulations deemed by him necessary to preserve the peace and order of the Borough.
A. 
To impose a curfew upon all or any portion of the Borough, thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, areas, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining initial public services, fireman and authorized or requested law enforcement officers and personnel shall be exempted from such curfew.
B. 
To order the closing of any business establishments anywhere within the Borough for the period of emergency, such businesses to include, but not be limited to those selling intoxicating liquors, cereal malt beverages, gasoline or firearms and ammunition.
C. 
To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.
D. 
To call upon regular and auxiliary law enforcement agencies and organizations within or without the Borough to assist in preserving and keeping the peace within the Borough.
E. 
Issue such other orders as are immediately necessary in his judgment for the protection of life and property.

§ 50-3 Effective time of proclamation of emergency.

The proclamation of emergency provided herein shall become effective upon its issuance to news media or immediate dissemination to the public, its posting on a bulletin board in the Municipal Building and, where feasible, by public address systems throughout the Borough.

§ 50-4 Termination of emergency.

Any emergency proclaimed in accordance with the provisions of this article shall terminate after 48 hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional comparable periods of time as determined necessary by the Mayor.

§ 50-5 Prohibitions during state of emergency.

A. 
During the period of such emergency, no person shall make, carry, possess or use any type of Molotov cocktail, gasoline or petroleum-base fire bomb or other incendiary missile.
B. 
No person shall consume any alcoholic beverages in a public street or public place or in any motor vehicle driven or parked thereon.
C. 
No person shall carry or possess any rock, bottle, club, brick or weapon or other object capable of being used as a weapon, unlawfully against the persons or property of another, provided that anything herein contained shall apply to any law enforcement officer or other persons engaged lawfully in enforcing the emergency restrictions or thereunto authorized by the Mayor.
D. 
No person shall carry or transport gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
E. 
No person shall intercept or interfere with police or fire radio broadcasts.
F. 
Nothing herein shall be deemed to authorize any of the prescribed conduct at any other times when it is prohibited by law.

§ 50-6 Regulations additional.

This article shall be construed to be an addition to any other ordinances or statutes on the same subject and shall particularly be construed to be in addition to the provisions of Chapter 315, Disorderly Persons.

§ 50-7 Regulations effective pursuant to resolution.

This chapter shall take effect immediately upon its final passage and publication according to law, pursuant to a resolution declaring an emergency to exist.