2022 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 (2022)
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effect  for a period not to exceed thirty days or until rescinded by the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 incarcerated individuals 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. * 9. a. Whenever a local state of emergency is declared pursuant to this section and upon receipt of notification by an electric corporation or the service provider, pursuant to section seventy-three-a of the public service law or section one thousand twenty-mm of the public authorities law, the chief executive shall coordinate with affected police departments, fire departments, ambulance services and advanced life support first response services prewired with an appropriate transfer switch for using an alternate generated power source for the emergency deployment of alternate generated power sources. b. For the purposes of this section, "alternate generated power source" shall mean electric generating equipment that is of the capacity that is capable of providing adequate electricity to operate all life safety systems and the basic operations of a police department, fire department, ambulance service or advanced life support first response service. * NB Effective December 22, 2023

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