New York Laws
Article 2-B - State and Local Natural and Man-Made Disaster Preparedness
24 - Local State of Emergency; Local Emergency Orders by Chief Executive.

(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rescinded by the chief executive during the pendency or existence of the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.
* NB Effective December 22, 2023