2013 New Jersey Revised Statutes Appendix A – EMERGENCY AND TEMPORARY ACTS Section App.A:9-49 – Violations as disorderly conduct; penalty; prosecution

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.

App.A:9-49. Violations as disorderly conduct; penalty; prosecution
Any person who shall:

a. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people; or

b. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger during any emergency that contributes to the loss of or destruction to property; or

c. Hamper, impede, or in any way interfere with any person who is performing any function authorized under this act; or

d. Drive any motor vehicle in a prohibited area during a black-out or while an air raid alert is in progress or in any other manner contrary to the rules and regulations covering any period of danger or any emergency; or

e. Go within a prohibited area contrary to rules and regulations; or

f. Refuse to obey the lawful orders of any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function during the threat or imminence of danger or any emergency; or

g. Refuse to cooperate with any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function in connection with activities during the threat or imminence of danger or any emergency; or

h. Violate any order, rule or regulation adopted by the Governor and promulgated as provider by this act; or

i. Violate any other provision of this act declared herein to be unlawful–shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both a fine and imprisonment, in the discretion of the court.

Prosecution for the imposition of a penalty pursuant to this section shall be commenced in the municipal court of the municipality wherein the offense is alleged to have occurred. The State shall be required to prove all elements of the offense beyond a reasonable doubt in order to obtain a conviction.

L.1942, c. 251, p. 687, s. 17. Amended by L.1953, First Sp.Sess., c. 438, p. 2412, s. 21; L.1982, c. 108, s. 1, eff. Aug. 4, 1982.

Originally published here by law.justia.com.