N.Y. Executive Law § 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effect for a period not to exceed thirty days or until rescinded by the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.