2023 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effect  for a period not to exceed thirty days or until rescinded by the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.
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.