N.Y. Defense Emergency Act 1951 784/51 § 82: Order of commissioner closing or restricting use of highways

§ 82. Order of commissioner closing or restricting use of highways. 1.

If the commissioner is satisfied that the public safety and security,

the defense effort, or the safety of property of the petitioner so

require, he shall, in the case of a highway under his supervision and

control, make an order closing to public use and travel or reasonably

restricting the use of and travel upon such highway or part thereof; in

the case of a highway not under his supervision and control he shall

make an order directing the appropriate official or body having

supervision and control of such highway or part thereof to close to

public use and travel or restrict the use of and travel upon such

highway or part thereof, in accordance with the terms of such order.

2. Copies of the order shall be filed as follows:

(a) One copy in the office of the council, one copy in the office of

the state department of transportation, and one copy in the office of

the department of state;

(b) If any portion of such a highway is part of a county road, one

copy of the order shall be filed in the office of the county

superintendent of highways and one in the office of the clerk of the

board of supervisors of the county affected by the order;

(c) If any portion of such a highway is part of a town highway, one

copy of the order shall be filed in the office of the town

superintendent of highways and one in the office of the town clerk of

the town affected by the order;

(d) If any portion is a city street or part of a city street, the copy

of such order shall be filed in the office of the city clerk of the city

affected by the order; and

(e) If any portion is a village street or part of a village street,

the copy of such order shall be filed in the office of the village clerk

of the village affected by the order.

3. The commissioner shall post and keep posted or authorize and direct

the appropriate official or body having such supervision and control to

post and keep posted appropriate notices in letters at least three

inches high reading "Closed By Order Under State Defense Emergency Act."

Such notices shall be posted conspicuously at each end and intersection

of any highway or part thereof so closed or restricted by such order; in

the case of a waterway such notices shall be posted conspicuously at

such locations and in such manner as in the opinion of the commissioner

will reasonably place the public on notice of such closing or

restriction. The commissioner, in addition, in a proper case may in his

discretion order, authorize and direct the petitioner or the appropriate

office or body having such supervision and control to erect and maintain

suitable and sufficient barricades across any highway or portion thereof

to close and prevent individuals from entering the same or to restrict

public use and travel thereon; in the case of a highway under his

supervision and control, such an order may provide for such barricades.

4. The commissioner may revoke or modify any order theretofore made

and shall cause or require copies of such a revocation or modification

to be filed in the same offices as the original order.

5. In the case of any order to close and barricade a highway or part

thereof within, adjacent to or in the vicinity of a reservation,

installation or facility maintained by the armed forces of the United

States, the provisions of any law relating to the maintenance and repair

of streets and highways in the state and applicable to the state, or to

any political subdivision of the state, shall be deemed to be suspended

from the date notices are so posted and barricades, if any, are so

erected until the order of the commissioner shall be revoked or the

reservation, installation or facility shall cease to be maintained under

the jurisdiction of such armed forces. Neither the state, nor any

political subdivision shall be liable for damages to persons or property

sustained on any such highway or portion thereof from and after the date

of posting of such notices and the erection of such barricades, if any,

until the order of the commissioner is revoked or such reservation,

installation or facility shall cease to be maintained under the

jurisdiction of such armed forces; provided that during such period such

notices and barricades, if any, shall continue to be maintained suitably

in accordance with the order of the commissioner.

6. Nothing in this section shall prevent the lawful temporary closing

of any highway or part thereof otherwise authorized by or pursuant to

law.