2010 New York Code
EXC - Executive
Article 2-B - (20 - 29-H) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
24 - Local state of emergency; local emergency orders by chief executive.

§ 24. Local  state  of  emergency;  local  emergency  orders  by chief
  executive. 1. Notwithstanding any inconsistent provision of law, general
  or special, in the event of a disaster, rioting, catastrophe, or similar
  public emergency within the territorial limits of any county, city, town
  or village, or in the event  of  reasonable  apprehension  of  immediate
  danger  thereof,  and upon a finding by the chief executive thereof that
  the public  safety  is  imperiled  thereby,  such  chief  executive  may
  proclaim  a  local  state  of  emergency  within  any part or all of the
  territorial limits of such local government; provided, however, that  in
  the event of a radiological accident as defined in section twenty-nine-c
  of  this  article,  such  chief  executive may request of the governor a
  declaration of  disaster  emergency.  Following  such  proclamation  and
  during  the  continuance  of  such  local  state of emergency, the chief
  executive may promulgate local emergency  orders  to  protect  life  and
  property   or  to  bring  the  emergency  situation  under  control.  As
  illustration, such orders may, within any part or all of the territorial
  limits of such local government, provide for:
    a. the establishment of a curfew and the prohibition  and  control  of
  pedestrian  and  vehicular  traffic, except essential emergency vehicles
  and personnel;
    b. the designation of specific zones within which  the  occupancy  and
  use  of buildings and the ingress and egress of vehicles and persons may
  be prohibited or regulated;
    c. the regulation and closing of places of amusement and assembly;
    d. the suspension or  limitation  of  the  sale,  dispensing,  use  or
  transportation   of   alcoholic  beverages,  firearms,  explosives,  and
  flammable materials and liquids;
    e. the prohibition and control of the presence of  persons  on  public
  streets and places;
    f.  the  establishment or designation of emergency shelters, emergency
  medical shelters, and in consultation with  the  state  commissioner  of
  health, alternate medical care sites;
    g.  the suspension within any part or all of its territorial limits of
  any of its local laws,  ordinances  or  regulations,  or  parts  thereof
  subject  to  federal  and state constitutional, statutory and regulatory
  limitations, which may prevent, hinder, or  delay  necessary  action  in
  coping  with a disaster or recovery therefrom whenever (1) a request has
  been made pursuant to subdivision seven of this section, or (2) whenever
  the governor has declared a state disaster emergency pursuant to section
  twenty-eight of this article. Suspension of any local law, ordinance  or
  regulation  pursuant to this paragraph shall be subject to the following
  standards and limits:
    (i) no suspension shall be made for a period in excess of  five  days,
  provided,  however,  that upon reconsideration of all the relevant facts
  and circumstances, a suspension may be extended for  additional  periods
  not  to  exceed  five  days  each  during  the  pendency of the state of
  emergency;
    (ii) no suspension shall be made which does not safeguard  the  health
  and  welfare  of the public and which is not reasonably necessary to the
  disaster effort;
    (iii) any such suspension order shall specify the local law, ordinance
  or regulation, or part thereof suspended and the terms and conditions of
  the suspension;
    (iv) the order may provide for such suspension only  under  particular
  circumstances, and may provide for the alteration or modification of the
  requirements  of  such local law, ordinance or regulation suspended, and
  may include other terms and conditions;

(v) any such suspension order shall provide for the minimum  deviation
  from  the  requirements  of  the  local  law,  ordinance  or  regulation
  suspended consistent with the disaster action deemed necessary; and
    (vi)  when  practicable,  specialists shall be assigned to assist with
  the related emergency actions to avoid adverse  effects  resulting  from
  such suspension.
    2. A local emergency order shall be effective from the time and in the
  manner  prescribed  in  the  order  and  shall  be  published as soon as
  practicable in a newspaper of general circulation in the  area  affected
  by  such  order  and  transmitted  to the radio and television media for
  publication and broadcast. Such orders  may  be  amended,  modified  and
  rescinded by the chief executive during the pendency or existence of the
  state  of  emergency.  Such orders shall cease to be in effect five days
  after promulgation or upon declaration by the chief executive  that  the
  state  of emergency no longer exists, whichever occurs sooner. The chief
  executive nevertheless, may extend such orders  for  additional  periods
  not  to  exceed five days each during the pendency of the local state of
  emergency.
    3. The local emergency orders of a chief executive of a  county  shall
  be executed in triplicate and shall be filed within seventy-two hours or
  as  soon  thereafter  as  practicable  in the office of the clerk of the
  governing board of the county, the office of the county  clerk  and  the
  office  of the secretary of state. The local emergency orders of a chief
  executive of a city, town or village shall be executed in triplicate and
  shall be filed  within  seventy-two  hours  or  as  soon  thereafter  as
  practicable  in  the  office of the clerk of such municipal corporation,
  the office of the county clerk and the office of the secretary of state.
    4. Nothing in this section shall be deemed to limit the power  of  any
  local  government  to  confer  upon  its  chief executive any additional
  duties or responsibilities deemed appropriate.
    5. Any person who knowingly violates any local emergency  order  of  a
  chief  executive  promulgated  pursuant  to  this section is guilty of a
  class B misdemeanor.
    6. Whenever a local state  of  emergency  is  declared  by  the  chief
  executive  of  a  local  government  pursuant to this section, the chief
  executive of the county in  which  such  local  state  of  emergency  is
  declared, or where a county is wholly contained within a city, the mayor
  of  such  city,  may request the governor to remove all or any number of
  sentenced  inmates  from  institutions  maintained  by  such  county  in
  accordance with section ninety-three of the correction law.
    7.  Whenever  a local state of emergency has been declared pursuant to
  this section, the chief executive of the county in which the local state
  of emergency has been declared, or where a county  is  wholly  contained
  within a city, the chief executive of the city, may request the governor
  to  provide  assistance  under  this  chapter,  provided that such chief
  executive determines that the disaster is beyond the capacity  of  local
  government  to  meet  adequately  and  state  assistance is necessary to
  supplement local efforts to save lives and to protect  property,  public
  health and safety, or to avert or lessen the threat of a disaster.
    8.  The  legislature  may  terminate  by  concurrent  resolution, such
  emergency orders at any time.