Borough of Rutherford, NJ Chapter 23 Curfew, Emergency

[HISTORY: Adopted by the Borough of Rutherford Council 5-16-1972 by Ord. No. 2094-72. Amendments noted where applicable.]

§ 23-1 Emergency; powers of Mayor.

When there exists in the Borough of Rutherford a state of disaster or emergency, brought about by natural causes or by the action of any person or persons, and such state of disaster or emergency causes or may cause violence and injury to be inflicted upon people in the Borough of Rutherford and causes or may cause damage and destruction to property in the Borough of Rutherford, both public and private, all being against the health, safety and welfare of the people of the Borough of Rutherford, then and in that event the Mayor shall call a meeting of the Mayor and Council of the Borough of Rutherford, and upon a determination by a majority of the Mayor and Council that a state of disaster or emergency exists, the Mayor shall be given the authority to declare that a state of disaster or emergency exists and he shall have the authority and be empowered to do the following:

A. 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 Rutherford.

B. Issue orders or proclamations regulating the hours during which vehicular traffic shall be prohibited or restricted from traveling over the streets in the Borough of Rutherford.

C. Issue orders or proclamations regulating the hours during which all businesses licensed by the Borough of Rutherford to dispense or sell in any way alcoholic beverages shall be closed to business.

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

§ 23-2 Notice.

The Mayor, upon declaring that a state of disaster or emergency exists in the Borough of Rutherford, shall forthwith advise any newspaper located within the Borough of Rutherford and request any radio station which services the Borough of Rutherford that the announced state of disaster or emergency be publicized at once.

§ 23-3 Authority.

The judgment of the Mayor and Council that a state of disaster or emergency exists within the Borough of Rutherford and that it has caused or is likely to cause injury and damage to persons and property within the Borough of Rutherford shall be final and absolute. This authority is conferred upon the Mayor by the decision of the Mayor and Council and by virtue of the authority of N.J.S.A. 40:87-31.

§ 23-4 Prohibitions.

After the Mayor has declared that a state of disaster or emergency exists in the Borough of Rutherford and has issued an order or proclamation regulating the movements of persons or vehicles in or about the Borough of Rutherford, or the dispensing or sale by licensed persons of alcoholic beverages therein, or the sale of gasoline by gasoline service stations in the Borough of Rutherford, 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 Rutherford, to drive vehicles over the streets in the Borough of Rutherford, to dispense or sell alcoholic beverages or to sell gasoline at any gasoline service station during the hours prohibited by said order or proclamation, unless otherwise permitted by the Borough of Rutherford.

§ 23-5 Violations and penalties.

Any person who shall violate any of the provisions of an order or proclamation issued by the Mayor shall, upon conviction thereof, be subject to a fine not to exceed $500 or be imprisoned for a term not to exceed six months.

§ 23-6 When effective.

This chapter shall take effect immediately upon publication according to law.