2019 New York Laws
EXC - Executive
Article 2-B - 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rescinded by the chief executive,  whichever  occurs  first.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.