N.Y. Defense Emergency Act 1951 784/51 § 3: Definitions

§ 3. Definitions. As used in this act the following terms shall mean

and include:

1. "Agency." An office, department, division, bureau, board or

commission of the state or of a political subdivision thereof, including

volunteer agencies.

2. "Attack." Any attack, actual or imminent, or series of attacks by

an enemy or a foreign nation upon the United States causing, or which

may cause, substantial damage or injury to civilian property or persons

in the United States in any manner by sabotage or by the use of bombs,

shellfire, or nuclear, radiological, chemical, bacteriological, or

biological means or other weapons or processes.

3. "City director." The director of civil defense heading a city

office.

4. "City office." A city office of civil defense or a consolidated

city office of civil defense.

5. "Civil defense." All those activities and measures designed or

undertaken (l) to minimize the effects upon the civilian population

caused or which would be caused by an attack, (2) to deal with the

immediate emergency conditions which would be created by any such

attack, and (3) to effectuate emergency repairs to, or the emergency

restoration of, vital utilities and facilities destroyed or damaged by

any such attack. Such term shall include, but shall not be limited to,

(A) measures to be taken in preparation for anticipated attack

(including the establishment of appropriate organizations, operational

plans, and the supporting agreements; the recruitment and training of

personnel; the conduct of research; the procurement and stockpiling of

materials necessary to the survival, recovery and rehabilitation of the

state and of its inhabitants; the provision of suitable warning systems;

the construction or preparation of shelters and control centers;

provisions for the continuity of state and local governments; and, when

appropriate, the non-military evacuation of civil population); (B)

measures to be taken during attack (including the enforcement of passive

defense regulations prescribed by duly established military or civil

authorities; the movement of personnel to shelters; the control of

traffic and panic; and the control and use of lighting and civil

communications); and (C) measures to be taken following attack

(including but not limited to activities for fire fighting; rescue,

emergency medical, health and sanitation services; monitoring for

radiation and other specific hazards of special weapons; decontamination

procedures; unexploded bomb reconnaissance; essential debris clearance;

emergency welfare measures; immediately essential emergency repair or

restoration of damaged vital facilities; the implementation of the means

and methods for the recovery and rehabilitation of the state; effective

utilization of all persons and materials; care and shelter for those

made homeless; distribution of stockpiled food, water, medical supplies,

machinery and other equipment; the preservation of raw materials; the

restoration of essential community services, industrial and

manufacturing capacity, and commercial and financial activities in the

state; and the resumption of educational programs).

6. "Civil defense forces." Agencies, public officers, employees, and

enrolled civil defense volunteers, all having duties and

responsibilities under or pursuant to this act in connection with civil

defense.

7. "Commission." The state civil defense commission created by article

three of this act.

8. "Communication facility" or "communication device" shall not mean

or include a newspaper.

9. "Council." The New York state defense council created by article

two of this act.

10. "County director." The director of civil defense heading a county

office.

11. "County office." A county office of civil defense or a

consolidated county office of civil defense.

l2. "Defense effort." The preparation of the United States and other

nations cooperating with it for defense against attack and for the

conduct of war.

l3. "Defense emergency." The period beginning with the effective date

of this act and ending upon the termination of the national emergency as

proclaimed by the president of the United States on December sixteenth,

nineteen hundred fifty.

14. "Drill." Any duly authorized activity of the state civil defense

commission or a local office of civil defense, or subdivision, service

or unit thereof, with or without the participation of the general

public, held in training or preparation for enemy attack or for

rehabilitation and recovery procedures following an attack. Drill is

synonymous with authorized test, training, or training or practice

exercise. Drill includes assistance by civil defense forces in combating

natural or peacetime disasters upon the direction of a public officer

authorized by law to call upon a civil defense director for assistance

in protecting human life or property.

15. "Facilities." Buildings, shelters, utilities, and land.

16. "Fallout shelter." A building, structure or other real property,

or an area or portion thereof, so constructed, altered or improved as to

provide protection against harmful radiation resulting from radioactive

fallout in accordance with the plan, regulations or orders of the

commission pertaining thereto, including such plumbing, heating,

electrical, ventilating, conditioning, filtrating and refrigerating

equipment and other mechanical additions or installations, if any, as

may be an integral part thereof.

17. "Law." A general or special statute, law, city or village charter,

local law, ordinance, resolution, rule, regulation, order or rule of

common law.

18. "Local director." A county director or a city director.

19. "Local office." A county office or a city office.

20. "Materials." Raw materials, food, water, supplies, medicines,

machinery, equipment, component parts and technical information and

processes necessary for civil defense.

21. "Municipal agency." An agency of a political subdivision

responsible for police, fire, sanitation, public works, street, sewer,

water, health, emergency or other services involving duties and

responsibilities in connection with civil defense.

22. "Political subdivision." A county, town, city, village, school

district or other district, district corporation or public benefit

corporation.

23. "Shelter." A building, structure or other real property, or an

area or portion thereof, which is to be used for the protection of

persons during or after an attack, including such services, utilities

and equipment, if any, as may be an integral part thereof.

24. "State director." The New York state director of civil defense.

25. "Volunteer agencies." Agencies sponsored or authorized by the

commission or local offices of civil defense the personnel of which are

in major part selected from among volunteer persons serving without

compensation and may include wardens, shelter captains, warning

services, auxiliary police, auxiliary firemen, bomb squads, radiological

units and personnel, rescue squads, emergency medical units and other

medical forces, nurses' aides, repair crews, monitoring and

decontamination squads, demolition crews and all other similar forces

and services having duties and responsibilities in connection with civil

defense.