2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) 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.  Such  proclamation  shall
  remain  in  effect  for  a  period  not  to  exceed thirty days or until
  rescinded by the chief executive,  whichever  occurs  first.  The  chief
  executive  may  issue  additional  proclamations  to extend the state of
  emergency for additional periods not to exceed  thirty  days.  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, community based care centers;
    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 proclamation of a local state of emergency and local  emergency
  orders   of  a  chief  executive  of  a  county  shall  be  executed  in
  quadruplicate 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, the office  of  the
  secretary  of  state and the state office of emergency management within
  the  division  of  homeland  security  and   emergency   services.   The
  proclamation of a local state of emergency and local emergency orders of
  a  chief  executive  of  a  city,  town  or village shall be executed in
  quadruplicate 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, the office of the secretary
  of state and  the  state  office  of  emergency  management  within  the
  division of homeland security and emergency services.
    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.