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NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

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§ 1.92 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL<br />

<strong>for</strong> disaster assistance are insufficient adequately to cope with the disaster.”];<br />

29-b(3) [same as to a city’s use of disaster emergency response personnel].<br />

See § 20(2)(g) [“‘Disaster emergency response personnel’ means<br />

agencies, public officers, employees or affiliated volunteers having duties<br />

and responsibilities under or pursuant to a comprehensive emergency<br />

management plan”].<br />

[1.92] (iv) Local States of Emergency and Suspension of Local Laws<br />

Executive Law § 24(1) [“in the event of a disaster . . . and upon a finding<br />

by the chief executive [of a county, city, town or village] that the public<br />

safety is imperiled thereby, such chief executive may proclaim a local<br />

state of emergency . . . . Following such proclamation and during the continuance<br />

of the local state of emergency, the chief executive may promulgate<br />

local emergency orders to protect life and property or to bring the<br />

emergency situation under control. As illustration, such orders may . . .<br />

provide <strong>for</strong>:<br />

(a) the establishment of a curfew and the prohibition and control of<br />

pedestrian and vehicle traffic . . . ;<br />

(b) the designation of specific zones within which the occupancy and<br />

use of buildings and the ingress and egress of vehicles and persons<br />

may be prohibited or regulated;<br />

(c) the regulation and closing of places of amusement and assembly;<br />

* * *<br />

(e) the prohibition and control of the presence of persons on public<br />

streets and places;<br />

* * *<br />

(g) the suspension . . . of any of its local laws, ordinances or regulations,<br />

or parts thereof subject to federal and state constitutional,<br />

statutory and regulatory limitations, which may prevent, hinder, or<br />

delay necessary action in coping with a disaster or recovery therefrom<br />

[but only when a request has been made to the Governor <strong>for</strong><br />

48

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