NY Exec L § 24 (2021)
2021 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.

§ 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 Such  proclamation  shall  remain  in effect  for a period not to exceed thirty days or until rescinded by the chief executive, whichever occurs first.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.