Legislation

Search OpenLegislation Statutes
This entry was published on 2021-08-13
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 24
Local state of emergency; local emergency orders by chief executive
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 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effect for a period not to exceed thirty days or until rescinded by the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.