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Ex. DUT-NY-011 Standing duty Primary source read

N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive)

Local state of emergency; local emergency orders by chief executive

New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
Police power; L. 1978, ch. 640, as amended
Effective
standing; text in force throughout March 2020 to September 2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureGathering capCurfew and hoursStanding duty
Addressees
  • persons generally; owners and operators of 'places of amusement and assembly'; businesses within a local state of emergency
Character
order penalty
Collection
Standing duties: New York DUT-NY

Operative words

such chief executive may proclaim a local state of emergency... and may promulgate local emergency orders to protect life and property or to bring the emergency situation under control. As illustration, such orders may... provide for: a. the establishment of a curfew... c. the regulation and closing of places of amusement and assembly;... e. the prohibition and control of the presence of persons on public streets and places;... 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.

Penalty

§ 24(5): knowing violation of a local emergency order is a class B misdemeanor

What it required

Every person to obey every local emergency order of a county executive, mayor or other chief executive (curfews, closing of places of assembly, control of persons on public streets), on pain of a class B misdemeanor, the offense provision behind the New York City mayoral emergency orders of 2020-2021 held in the Metros/NYC folder and behind every county emergency order in the State.

Retrieval note

Local orders inconsistent with the Governor's directives were barred by EO 202.3 and 202.5 (Exs. NY-010, NY-012); local orders supplementing them (New York City) rested on this section and on the City Charter and Administrative Code (metro layer).