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Ex. NJ-005 Order Primary source read

Executive Order No. 108 (2020)

Invalidation of county and municipal restrictions conflicting with Executive Order No. 107 (preemption of local orders)

Governor Philip D. Murphy · New Jersey (State)

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The record

Jurisdiction
New Jersey
Level
State
Authority
N.J.S.A. App. A:9-33 et seq., -40 and -47
Issued
2020-03-21 Mar. 21, 2020
Effective
2020-03-21 at 9:00 p.m. (read as 2020-03-21)
End
Until revoked or modified; restated and extended to EOs 103-194 by EO 195 (Nov. 12, 2020); provisions preserved by EO 242 para. 18 (May 28, 2021) except that municipalities and counties were then permitted to impose indoor mask requirements (read as 2021-09-30)
In force
Mar. 21, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Other
Addressees
  • all counties and municipalities
Functions reached
  • fixes the State as the single source of business restrictions in New Jersey from March 21, 2020
Collection
New Jersey NJ

Operative words

Para. 1: "Any county or municipal restriction imposed in response to COVID-19 that in any way will or might 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 my Executive Orders, is hereby invalidated. Examples of such restrictions include, but are not limited to, the following: a. Any additions to or deletions from the list of retail businesses that I have deemed essential... b. Any limitations imposed on any business's scope of service or hours of operation; c. Any density or social distancing requirements; d. Any orders relating to the gathering of individuals; and e. general restrictions on the freedom of movement within that county or municipality, including but not limited to the imposition of curfews." Para. 3: municipalities and counties retain power over "a. Online marketplaces for arranging or offering lodging; or b. Municipal or county parks."

Enforcement

Para. 4: N.J.S.A. App. A:9-49 and -50

Notes

New Jersey's regime was State-driven: local orders were invalidated except for short-term-rental platforms and parks (EO 108), business hours between 8:00 p.m. and 5:00 a.m. (EO 195, Nov. 12, 2020 to May 28, 2021) and indoor mask requirements (EO 242 para. 18, from May 28, 2021).

Retrieval note

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A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.