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