2020 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.

Universal Citation:
NY Exec L § 24 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 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rescinded by the chief executive,  whichever  occurs  first.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.

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