§ 82 — Order of commissioner closing or restricting use of highways

New York § 82

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 6: Closing or Restricting Use of Highways; Posting of Property

Text

§ 82. Order of commissioner closing or restricting use of highways. 1.\nIf the commissioner is satisfied that the public safety and security,\nthe defense effort, or the safety of property of the petitioner so\nrequire, he shall, in the case of a highway under his supervision and\ncontrol, make an order closing to public use and travel or reasonably\nrestricting the use of and travel upon such highway or part thereof; in\nthe case of a highway not under his supervision and control he shall\nmake an order directing the appropriate official or body having\nsupervision and control of such highway or part thereof to close to\npublic use and travel or restrict the use of and travel upon such\nhighway or part thereof, in accordance with the terms of such order.\n 2. Copies of the order shall be filed as follows:\n (a) One copy in the office of the council, one copy in the office of\nthe state department of transportation, and one copy in the office of\nthe department of state;\n (b) If any portion of such a highway is part of a county road, one\ncopy of the order shall be filed in the office of the county\nsuperintendent of highways and one in the office of the clerk of the\nboard of supervisors of the county affected by the order;\n (c) If any portion of such a highway is part of a town highway, one\ncopy of the order shall be filed in the office of the town\nsuperintendent of highways and one in the office of the town clerk of\nthe town affected by the order;\n (d) If any portion is a city street or part of a city street, the copy\nof such order shall be filed in the office of the city clerk of the city\naffected by the order; and\n (e) If any portion is a village street or part of a village street,\nthe copy of such order shall be filed in the office of the village clerk\nof the village affected by the order.\n 3. The commissioner shall post and keep posted or authorize and direct\nthe appropriate official or body having such supervision and control to\npost and keep posted appropriate notices in letters at least three\ninches high reading "Closed By Order Under State Defense Emergency Act."\nSuch notices shall be posted conspicuously at each end and intersection\nof any highway or part thereof so closed or restricted by such order; in\nthe case of a waterway such notices shall be posted conspicuously at\nsuch locations and in such manner as in the opinion of the commissioner\nwill reasonably place the public on notice of such closing or\nrestriction. The commissioner, in addition, in a proper case may in his\ndiscretion order, authorize and direct the petitioner or the appropriate\noffice or body having such supervision and control to erect and maintain\nsuitable and sufficient barricades across any highway or portion thereof\nto close and prevent individuals from entering the same or to restrict\npublic use and travel thereon; in the case of a highway under his\nsupervision and control, such an order may provide for such barricades.\n 4. The commissioner may revoke or modify any order theretofore made\nand shall cause or require copies of such a revocation or modification\nto be filed in the same offices as the original order.\n 5. In the case of any order to close and barricade a highway or part\nthereof within, adjacent to or in the vicinity of a reservation,\ninstallation or facility maintained by the armed forces of the United\nStates, the provisions of any law relating to the maintenance and repair\nof streets and highways in the state and applicable to the state, or to\nany political subdivision of the state, shall be deemed to be suspended\nfrom the date notices are so posted and barricades, if any, are so\nerected until the order of the commissioner shall be revoked or the\nreservation, installation or facility shall cease to be maintained under\nthe jurisdiction of such armed forces. Neither the state, nor any\npolitical subdivision shall be liable for damages to persons or property\nsustained on any such highway or portion thereof from and after the date\nof posting of such notices and the erection of such barricades, if any,\nuntil the order of the commissioner is revoked or such reservation,\ninstallation or facility shall cease to be maintained under the\njurisdiction of such armed forces; provided that during such period such\nnotices and barricades, if any, shall continue to be maintained suitably\nin accordance with the order of the commissioner.\n 6. Nothing in this section shall prevent the lawful temporary closing\nof any highway or part thereof otherwise authorized by or pursuant to\nlaw.\n