§ 24 — Local state of emergency; local emergency orders by chief executive

New York § 24

• Jurisdiction: New York
• Law EXC: Executive
• Art. 2-B: State and Local Natural and Man-made Disaster Preparedness

Text

§ 24. Local state of emergency; local emergency orders by chief\nexecutive. 1. Notwithstanding any inconsistent provision of law, general\nor special, in the event of a disaster, rioting, catastrophe, or similar\npublic emergency within the territorial limits of any county, city, town\nor village, or in the event of reasonable apprehension of immediate\ndanger thereof, and upon a finding by the chief executive thereof that\nthe public safety is imperiled thereby, such chief executive may\nproclaim a local state of emergency within any part or all of the\nterritorial limits of such local government; provided, however, that in\nthe event of a radiological accident as defined in section twenty-nine-c\nof this article, such chief executive may request of the governor a\ndeclaration of disaster emergency. Such proclamation shall remain in\neffect for a period not to exceed thirty days or until rescinded by the\nchief executive, whichever occurs first. The chief executive may issue\nadditional proclamations to extend the state of emergency for additional\nperiods not to exceed thirty days. Following such proclamation and\nduring the continuance of such local state of emergency, the chief\nexecutive may promulgate local emergency orders to protect life and\nproperty or to bring the emergency situation under control. As\nillustration, such orders may, within any part or all of the territorial\nlimits of such local government, provide for:\n a. the establishment of a curfew and the prohibition and control of\npedestrian and vehicular traffic, except essential emergency vehicles\nand personnel;\n b. the designation of specific zones within which the occupancy and\nuse of buildings and the ingress and egress of vehicles and persons may\nbe prohibited or regulated;\n c. the regulation and closing of places of amusement and assembly;\n d. the suspension or limitation of the sale, dispensing, use or\ntransportation of alcoholic beverages, firearms, explosives, and\nflammable materials and liquids;\n e. the prohibition and control of the presence of persons on public\nstreets and places;\n f. the establishment or designation of emergency shelters, emergency\nmedical shelters, and in consultation with the state commissioner of\nhealth, community based care centers;\n g. the suspension within any part or all of its territorial limits of\nany of its local laws, ordinances or regulations, or parts thereof\nsubject to federal and state constitutional, statutory and regulatory\nlimitations, which may prevent, hinder, or delay necessary action in\ncoping with a disaster or recovery therefrom whenever (1) a request has\nbeen made pursuant to subdivision seven of this section, or (2) whenever\nthe governor has declared a state disaster emergency pursuant to section\ntwenty-eight of this article. Suspension of any local law, ordinance or\nregulation pursuant to this paragraph shall be subject to the following\nstandards and limits:\n (i) no suspension shall be made for a period in excess of five days,\nprovided, however, that upon reconsideration of all the relevant facts\nand circumstances, a suspension may be extended for additional periods\nnot to exceed five days each during the pendency of the state of\nemergency;\n (ii) no suspension shall be made which does not safeguard the health\nand welfare of the public and which is not reasonably necessary to the\ndisaster effort;\n (iii) any such suspension order shall specify the local law, ordinance\nor regulation, or part thereof suspended and the terms and conditions of\nthe suspension;\n (iv) the order may provide for such suspension only under particular\ncircumstances, and may provide for the alteration or modification of the\nrequirements of such local law, ordinance or regulation suspended, and\nmay include other terms and conditions;\n (v) any such suspension order shall provide for the minimum deviation\nfrom the requirements of the local law, ordinance or regulation\nsuspended consistent with the disaster action deemed necessary; and\n (vi) when practicable, specialists shall be assigned to assist with\nthe related emergency actions to avoid adverse effects resulting from\nsuch suspension.\n 2. A local emergency order shall be effective from the time and in the\nmanner prescribed in the order and shall be published as soon as\npracticable in a newspaper of general circulation in the area affected\nby such order and transmitted to the radio and television media for\npublication and broadcast. Such orders may be amended, modified and\nrescinded by the chief executive during the pendency or existence of the\nstate of emergency. Such orders shall cease to be in effect five days\nafter promulgation or upon declaration by the chief executive that the\nstate of emergency no longer exists, whichever occurs sooner. The chief\nexecutive nevertheless, may extend such orders for additional periods\nnot to exceed five days each during the pendency of the local state of\nemergency.\n 3. The proclamation of a local state of emergency and local emergency\norders of a chief executive of a county shall be executed in\nquadruplicate and shall be filed within seventy-two hours or as soon\nthereafter as practicable in the office of the clerk of the governing\nboard of the county, the office of the county clerk, the office of the\nsecretary of state and the state office of emergency management within\nthe division of homeland security and emergency services. The\nproclamation of a local state of emergency and local emergency orders of\na chief executive of a city, town or village shall be executed in\nquadruplicate and shall be filed within seventy-two hours or as soon\nthereafter as practicable in the office of the clerk of such municipal\ncorporation, the office of the county clerk, the office of the secretary\nof state and the state office of emergency management within the\ndivision of homeland security and emergency services.\n 4. Nothing in this section shall be deemed to limit the power of any\nlocal government to confer upon its chief executive any additional\nduties or responsibilities deemed appropriate.\n 5. Any person who knowingly violates any local emergency order of a\nchief executive promulgated pursuant to this section is guilty of a\nclass B misdemeanor.\n 6. Whenever a local state of emergency is declared by the chief\nexecutive of a local government pursuant to this section, the chief\nexecutive of the county in which such local state of emergency is\ndeclared, or where a county is wholly contained within a city, the mayor\nof such city, may request the governor to remove all or any number of\nsentenced incarcerated individuals from institutions maintained by such\ncounty in accordance with section ninety-three of the correction law.\n 7. Whenever a local state of emergency has been declared pursuant to\nthis section, the chief executive of the county in which the local state\nof emergency has been declared, or where a county is wholly contained\nwithin a city, the chief executive of the city, may request the governor\nto provide assistance under this chapter, provided that such chief\nexecutive determines that the disaster is beyond the capacity of local\ngovernment to meet adequately and state assistance is necessary to\nsupplement local efforts to save lives and to protect property, public\nhealth and safety, or to avert or lessen the threat of a disaster.\n 8. The legislature may terminate by concurrent resolution, such\nemergency orders at any time.\n 9. a. Whenever a local state of emergency is declared pursuant to this\nsection and upon receipt of notification by an electric corporation or\nthe service provider, pursuant to section seventy-three-a of the public\nservice law or section one thousand twenty-mm of the public authorities\nlaw, the chief executive shall coordinate with affected police\ndepartments, fire departments, ambulance services and advanced life\nsupport first response services prewired with an appropriate transfer\nswitch for using an alternate generated power source for the emergency\ndeployment of alternate generated power sources.\n b. For the purposes of this section, "alternate generated power\nsource" shall mean electric generating equipment that is of the capacity\nthat is capable of providing adequate electricity to operate all life\nsafety systems and the basic operations of a police department, fire\ndepartment, ambulance service or advanced life support first response\nservice.\n