§ 23-A — Authority of political subdivisions to provide facilities and materials essential to public safety

New York § 23-A

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 3: Civil Defense

Text

§ 23-a. Authority of political subdivisions to provide facilities and\nmaterials essential to public safety. Each political subdivision of the\nstate, the board of higher education in the city of New York, and, with\nrespect to property located in the state of New York, the port of New\nYork authority and the waterfront commission of New York harbor, shall\nhave power:\n a. To acquire, construct, install and maintain shelters, including\nfallout shelters, and other civil defense facilities and to acquire,\nstore and maintain materials, such shelters, facilities and materials\nbeing for the protection, safety and health of students, faculty,\nadministrative staff, employees and the public at large during and\nsubsequent to attack, provided\n i. such acquisition, construction, installation, maintenance and\nstorage is not inconsistent with the plan, regulations or orders of the\ncommission or with the applicable local plan promulgated pursuant to\nsubdivision one of section twenty-three of this act; and\n ii. such acquisition, construction, installation, maintenance and\nstorage is effected by contract, let in the manner provided by law, by\nemployees of such political subdivision, board, authority or commission,\nby agreement for the effectuation thereof by the owner of the building,\nstructure or real property to be used in connection therewith or in any\nmanner authorized by other provisions of law.\n b. To utilize any publicly owned building, structure, real property or\npersonal property in connection with such acquisition, construction,\ninstallation, maintenance and storage with the approval of the\nappropriate officer or agency having control thereof, subject to such\nterms and conditions as may be agreed to by such officer or agency.\n c. To acquire in connection with such acquisition, construction,\ninstallation, maintenance and storage any real or personal property, or\nany interest therein, or the right to use the same for a temporary\nperiod by purchase, lease or other agreement with the owner thereof or\nby authorization to use without consideration. Nothing contained in this\nsection shall limit the power of such political subdivision, board,\nauthority or commission to condemn or otherwise acquire real or personal\nproperty for such purposes under other provisions of law.\n