New Jersey Administrative Code › Title - EXECUTIVE ORDERS › Title 55 - CHRIS CHRISTIE › Section - Executive Order No. 147 (2020)

Current through Register Vol. 56, No. 14, July 15, 2024
Governor Philip D. Murphy
Executive Order No. 147 (2020)
An Order Allowing Certain Outdoor Recreational Businesses and Community Gardens to Open with Social Distancing Measures in Place
Issued: May 18, 2020.
Effective:
May 19, 2020 (Paragraph 6); and
May 22, 2020 (Paragraphs 1 through 5).
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119 and 138 (2020), issued on April 7, 2020, and May 6, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act, to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135-138, and Nos. 140-146 (2020), the facts and circumstances of which areall adopted by reference herein; and
WHEREAS, among these actions, and in recognition that the Centers for Disease Control and Prevention ("CDC") has advised that social mitigation strategies for combatting COVID-19 require every effort to reduce the rate of community spread of the disease and that COVID-19 spreads most frequently through person-to-person contact when individuals are within six feet or less of one another, I issued Executive Order No. 107 (2020) to order steps to mitigate community spread of COVID-19; and
WHEREAS, to further limit community spread from person-to-person contact through use of social mitigation measures, Executive Order No. 107 (2020) required, with limited exceptions, New Jersey residents to remain in their place of residence, cancelled all gatherings, and closed all recreational and entertainment busine sses; and
WHEREAS, the CDC has recommended certain cleaning and disinfecting procedures for businesses to reduce potential spread of COVID-19 to staff and members of the public; and
WHEREAS, on April 8, 2020, and April 11, 2020, I issued Executive Order Nos. 122 and 125 (2020), respectively, which imposed additional mitigation requirements on essential businesses and transportation carriers to ensure that they are following CDC and other public health guidelines regarding social distancing, cleaning, sanitizing, and hygiene practices; and
WHEREAS, due to increased public interaction and gatherings at county and State parks throughout the State, I issued Executive Order No. 118 (2020) on April 7, 2020, which closed State Parks and Forests, as well as county parks, to the public in order to further social distancing requirements; and
WHEREAS, as the rate of reported new cases of COVID-19 in New Jersey decreases, including a reduction in the total number of individuals being admitted to hospitals for COVID-19, the State can begin to take certain steps to lift certain restrictions that were designed to limit person-to-person contact; and
WHEREAS, even as the rate of reported new cases of COVID-19 decreases, the ongoing risks presented by COVID-19 mean that considerable number of the State's current measures must remain in place, both to reduce additional new infections and to save lives, until additional metrics--such as expanded testing and use of contact tracing--have been satisfied; and
WHEREAS, the CDC has issued guidance for visiting parks and recreational facilities, recognizing that outdoor recreation provides people a vital way to keep the mind and body healthy; and
WHEREAS, on April 29, 2020, I issued Executive Order No. 133 (2020), superseding Executive Order No. 118 (2020), which reopened State Parks and Forests and provided counties the discretion to reopen their parks; and
WHEREAS, Executive Order No. 133 (2020) imposed certain mitigation requirements to be followed at State Parks and Forests, as well as county and municipal parks, to ensure that visitors follow CDC and other public health guidelines regarding social distancing, cleaning, sanitizing, and hygiene practices while visiting parks; and
WHEREAS, Executive Order No. 143 (2020) allowed for all public and private beaches, boardwalks, lakes, and lakeshores in the State to open to the public as long as they are maintained consistent with a series of social distancing restrictions, including rules that ensure visitors follow CDC and other public health guidelines regarding social distancing, cleaning, sanitizing, and hygiene practices while visiting such spaces; and
WHEREAS, Executive Order No. 146 (2020) allowed chartered for-hire vessels and watercraft rentals to open to the public with social distancing, cleaning, sanitizing, and hygiene practices in place; and
WHEREAS, outdoor archery ranges, batting cages, golf driving ranges, shooting ranges, and tennis clubs, as well as all-terrain vehicle and dirt bike rentals, provide additional outdoor recreation opportunities for [page=1244] the public during the summer months where appropriate social distancing, cleaning, sanitizing, and hygiene practices can be implemented; and
WHEREAS, community gardens not only provide outdoor recreational opportunities to a diverse community of individuals, but they also provide people an opportunity to grow food when they may not otherwise have available space to do so; and
WHEREAS, as New Jersey makes continued progress in its fight against COVID-19, it is appropriate to ensure that New Jerseyans can safely enjoy additional outdoor recreation activities, while maintaining reasonable restrictions to help limit the spread and prevent future outbreaks of COVID-19 and protect the health, safety, and welfare of New Jersey residents; and
WHEREAS, as public health experts have observed, even as the State allows outdoor recreation with reasonable restrictions, due to the ongoing risk of community spread of COVID-19, recreation in such outdoor spaces must currently continue to include adherence to the same gatherings restrictions that apply in any other context; and
WHEREAS, as public health experts have observed, even as the State allows outdoor recreation with reasonable restrictions, due to the ongoing risk of community spread of COVID-19, the extensive interactions that would happen from indoor retail and recreation operations continue to present a significant risk, and so the restrictions on in-store operations for retail businesses and indoor operations for recreational and entertainment businesses cannot be lifted at this time; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
1. The following outdoor recreational businesses or activities that were closed by paragraph 9 of Executive Order No. 107 (2020) are permitted to reopen to the public or their members:
a. Archery ranges;
b. Batting cages;
c. Golf driving ranges;
d. Horseback riding;
e. Shooting ranges; and
f. Tennis clubs.