New Jersey Administrative Code › Title - EXECUTIVE ORDERS › Title 55 - CHRIS CHRISTIE › Section - Executive Order No. 143 (2020)

Current through Register Vol. 56, No. 14, July 15, 2024
Governor Philip D. Murphy
Executive Order No. 143 (2020)
An Order Allowing Beaches, Boardwalks, Lakes, and Lakeshores to Remain Open with Social Distancing Measures in Place
Issued: May 14, 2020.
Effective:
May 16, 2020, as to Paragraph 13; and
May 22, 2020 (Except for Paragraph 13).
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, on May 6, 2020, I issued Executive Order No. 138 (2020), the facts and circumstances of which are adopted by reference herein, which declared that the Public Health Emergency declared in Executive Order No. 103 (2020) continues to exist; 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. 140-142 (2020), the facts and circumstances of which are all 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 businesses; and
WHEREAS, Executive Order No. 108 (2020) ordered that no municipality, county, or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance, or resolution which will or might in any way conflict with any of the provisions of Executive Order No. 107 (2020), or which will or might in any way interfere with or impede its achievement, or the achievement of Administrative Orders issued as authorized by Executive Order No. 107 (2020); and
WHEREAS, Executive Order No. 108 (2020) contained an exception allowing municipalities and counties to, among other things, impose additional restrictions at municipal or county parks; and
WHEREAS, the New Jersey Office of Emergency Management ("NJOEM") Administrative Order No. 2020-5, clarified that municipalities may impose additional restrictions at beaches and boardwalks in response to COVID-19 pursuant to Executive Order No. 108 (2020); 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 [page=1236] as county parks, to the public in order to further social distancing requirements; and
WHEREAS, Executive Order No. 118 (2020) defined "State Parks and Forests" as all State parks, forests, recreation areas, historic sites, marinas, golf courses, botanical gardens, and other lands, waters, and facilities assigned to the State Park Service in the Division of Parks and Forestry of the Department of Environmental Protection ("DEP"); and
WHEREAS, Executive Order No. 118 (2020) superseded Executive Order No. 108 (2020) to the extent that Executive Order No. 108 (2020) had allowed counties to impose additional restrictions at county parks in response to COVID-19; 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, 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, New Jersey is no longer seeing an increase in the number of new cases of COVID-19 that are being reported on a daily basis, and the State is experiencing a decrease in the number of individuals visiting emergency departments and being admitted to hospitals for COVID-19; and
WHEREAS, the CDC has issued guidance for visiting parks and recreational facilities, recognizing that parks and open spaces, which includes beaches and lakeshores, provide people a vital way to keep the mind and body healthy; and
WHEREAS, the CDC guidance regarding the safe access of parks and recreational facilities advises individuals to stay six feet away from other visitors, avoid use of playgrounds, decline participation in organized sports and recreational activities, and visit parks close to home to limit travel distances; and
WHEREAS, the Jersey Shore, made up of approximately 140 miles of beaches on the ocean, rivers and bays, is a popular outdoor recreation destination for the public beginning on Memorial Day through the summer months; and
WHEREAS, under the common law and statutes of New Jersey, including the Public Trust Doctrine, codified at N.J.S.A. 13:1D-150, the natural resources, including certain lands, waters, air, and living resources, are held in trust by the State for the benefit of the public, who have the right to access and enjoy these resources, including the State's tidal waters and adjacent shorelines, and those of the lakes, rivers, and bays throughout the State; and
WHEREAS, municipalities that have property rights in lands bordering the ocean, tidal water, bays, or rivers utilized as a place of resort for public recreation and for other purposes, have the authority to make and enforce rules and regulations for the management and care of the beaches and any boardwalk, bathing, recreational, or related facilities pursuant to N.J.S.A. 40:61-22.20, subject to the Public Trust Doctrine, N.J.S.A. 13:1D-150, any easement, permit, agreement, or encumbrance held or issued by the State, and any applicable State law or regulation; and
WHEREAS, municipalities may impose reasonable restrictions on public access to beaches to protect public safety and welfare, such as limiting the number of persons allowed on the beach at any one time, provided such restrictions are applied in a non-discriminatory manner; and
WHEREAS, municipalities may not impose restrictions to public access of New Jersey's beaches that overtly or implicitly discriminate against persons based on residency, income-level, or any protected class; and
WHEREAS, New Jersey's abundant rivers, bays, lakes, and adjacent shores likewise provide popular outdoor recreation destinations for the public, including during the summer months; 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 outdoor recreation, including access to beaches, boardwalks, lakes, and lakeshores throughout the State as a way to enhance physical and mental health, 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, notwithstanding public access rights and any individual, municipal, or private rights to control one's property, it is imperative that reasonable restrictions to protect public health are implemented consistently throughout the State, including in our coastal and lakeshore communities pursuant to a Statewide policy; and
WHEREAS, as public health experts have observed, even as the State is able to allow outdoor recreation with reasonable restrictions, due to the ongoing risk of community spread of COVID-19, the extensive interactions that would happen from in-store retail operations and within recreational and other businesses continue to present a significant risk, and so the restrictions on in-store operations for non-essential retail businesses, and inside recreational and other businesses cannot be lifted at this time; and
WHEREAS, in light of the above, the traditional Memorial Day openings of New Jersey's shore and lake communities that provide recreation and enjoyment of beaches, boardwalks, lakes, and lakeshores must be balanced with our continued need to implement the social mitigation measures that remain necessary in our ongoing fight against the spread of COVID-19 and to prevent future outbreaks; 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. All public and private beaches, boardwalks, lakes, and lakeshores in the State may be open to the public as long as these spaces are used and maintained consistent with the restrictions and recommendations herein.
2. The following shall be closed to the public at all public and private beaches, boardwalks, lakes, and lakeshores:
a. Water Fountains;
b. Picnic Areas;
c. Playgrounds;
d. Pavilions;
e. Indoor recreational areas;
f. Water play areas, such as splash parks;
g. Water play equipment, including but not limited to goggles, snorkels, fins, kick boards, pool noodles and toys; and
h. Other ancillary buildings or facilities, including, but not limited to visitor centers, but excluding bathrooms, showering or changing areas.