[Adopted 12-18-1979 by Ord. No. 769; amended
in its entirety 10-25-1988 by Ord. No. 18-88]
It shall be the purpose of this article to provide
special emergency powers and responsibilities for the Chief of Police
of the Borough of Maywood or his designated representative in instances
where, in his discretion, the Chief or his representative perceives
conditions which present a threat to the health, safety and welfare
of persons within the Borough of Maywood or a threat of destruction
or damage to property belonging to the Borough, private individuals
or businesses within the Borough.
This article shall be construed liberally in order to effect the purposes declared in § 56-13 and consistent with the powers of the governing body of the local political unit, as defined in the Constitution of the State of New Jersey and N.J.S.A. 40 and 40A. This article shall further be construed as conferring upon the Chief of Police or his designated representative powers in addition to any other powers reserved to the Chief or his representative by any other ordinance of the Borough of Maywood.
As used in this article, the following terms
shall have the meanings indicated:
In addition to any other definitions of "emergency" contained
in ordinances of the Borough of Maywood, any actual or emerging fact,
circumstance, situation or condition of weather, vehicular movement,
unlawful activity, public gathering, hazard or danger which does or
will reasonably tend to endanger the health, safety and welfare of
persons within the Borough or disturb the peace thereof or which does
or may reasonably tend to result in damage to or destruction of property
located within the Borough, whether or not such property belongs to
the Borough of Maywood or any private individual or business therein.
The power to declare an emergency pursuant to
this article shall reside with the Chief of Police or, in his absence,
the ranking police officer on duty with the Police Department or the
specifically designated representative of the Chief of Police, who
shall be a member of the Police Department.
In the event that an emergency shall be declared
pursuant to the terms of this article, the Chief of Police may take
all lawful action which is necessary and reasonable to end, curtail
or reduce such emergency. Such actions may include but are not limited
to the following;
A.
The redirection of traffic.
B.
The posting of "EMERGENCY — NO PARKING" signs
and the prohibition of parking on streets in such areas as are designated
by such signs, to include either one or both sides of such street
areas.
C.
Increasing normal police patrol activities or presence
until such time as the emergency has passed.
D.
Directing other agencies of the Borough to render
such assistance as may be required to respond to the declared emergency.
It shall be the duty and obligation of every individual who is advised of the emergency to obey the directions of the police, whether such direction shall be in the form of the "EMERGENCY — NO PARKING" signs as set forth above or by way of oral instructions rendered by police officers at the scene of such emergency, which directions bear a reasonable and proximate relationship to the steps and efforts directed by the Chief of Police or his designated representative toward the end that the emergency might be abated as set forth in § 56-17 above.
Any person failing to heed the instructions or directions of police officers at the scene, as set forth in § 56-18 above, shall be subject to a fine of not more than $1,000 and/or incarceration for a term of not more than 90 days.
