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Ex. NJ-038 Order Primary source read

Executive Order No. 195 (2020)

Restatement of the preemption of county and municipal COVID-19 restrictions (EOs 103-194), with a new authorization for municipalities and counties to restrict hours of operation of non-essential retail, food and beverage, personal care and recreation businesses between 8:00 p.m. and 5:00 a.m.

Governor Philip D. Murphy · New Jersey (State)

Open exhibit (PDF, 114 KB)Source (opens in a new tab)
The COVID Project

The record

Jurisdiction
New Jersey
Level
State
Authority
N.J.S.A. App. A:9-33 et seq., -40, -47
Issued
2020-11-12 Nov. 12, 2020
Effective
2020-11-12 (immediately) (read as 2020-11-12)
End
Para. 3 (local hours restrictions) rescinded by EO 242 para. 18 effective May 28, 2021; preemption provisions carried forward (read as 2021-05-28)
In force
Nov. 12, 2020 to May 28, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitation types
Curfew and hoursOther
Addressees
  • all counties and municipalities
  • non-essential retail, food and beverage, personal care, recreation and entertainment businesses (subject to local hours limits)
Functions reached
  • SF/DR/SL/FC evening hours subject to local curfews (Nov. 12, 2020 - May 28, 2021)
  • fixes the preemption regime for the winter
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 Nos. 103-133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, No. 183, Nos. 186-187 and Nos. 189-194 (2020)... is hereby invalidated unless otherwise expressly permitted." Para. 3: "Notwithstanding Paragraphs 1 and 2, municipalities and counties are permitted under this Order to impose additional restrictions, in response to COVID-19, on the hours of operation of non-essential retail businesses... and food and beverage establishments... personal care service businesses... and recreation and entertainment businesses... Provided, however, that the limitations authorized by this paragraph cannot restrict the hours of operation of such businesses between 5:00 a.m. and 8:00 p.m. While municipalities and counties can restrict hours of operation for the aforementioned businesses between the hours of 8:00 p.m. and 5:00 a.m., they cannot prevent dining establishments from arranging for the pickup or delivery of goods".

Enforcement

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

Notes

The only window in which New Jersey municipalities (Newark, Paterson, Hoboken and others) could lawfully impose business curfews;

Retrieval note

Read from nj.gov in full.

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.