N.Y. Defense Emergency Act 1951 Law § 82

Current through 2024 NY Law Chapter 457

Section 82 - Order of commissioner closing or restricting use of highways

1.If the commissioner is satisfied that the public safety and security, the defense effort, or the safety of property of the petitioner so require, he shall, in the case of a highway under his supervision and control, make an order closing to public use and travel or reasonably restricting the use of and travel upon such highway or part thereof; in the case of a highway not under his supervision and control he shall make an order directing the appropriate official or body having supervision and control of such highway or part thereof to close to public use and travel or restrict the use of and travel upon such highway or part thereof, in accordance with the terms of such order.

2.Copies of the order shall be filed as follows:

(a) One copy in the office of the council, one copy in the office of the state department of transportation, and one copy in the office of the department of state;

(b) If any portion of such a highway is part of a county road, one copy of the order shall be filed in the office of the county superintendent of highways and one in the office of the clerk of the board of supervisors of the county affected by the order;

(c) If any portion of such a highway is part of a town highway, one copy of the order shall be filed in the office of the town superintendent of highways and one in the office of the town clerk of the town affected by the order;

(d) If any portion is a city street or part of a city street, the copy of such order shall be filed in the office of the city clerk of the city affected by the order; and

(e) If any portion is a village street or part of a village street, the copy of such order shall be filed in the office of the village clerk of the village affected by the order.

3.The commissioner shall post and keep posted or authorize and direct the appropriate official or body having such supervision and control to post and keep posted appropriate notices in letters at least three inches high reading "Closed By Order Under State Defense Emergency Act." Such notices shall be posted conspicuously at each end and intersection of any highway or part thereof so closed or restricted by such order; in the case of a waterway such notices shall be posted conspicuously at such locations and in such manner as in the opinion of the commissioner will reasonably place the public on notice of such closing or restriction. The commissioner, in addition, in a proper case may in his discretion order, authorize and direct the petitioner or the appropriate office or body having such supervision and control to erect and maintain suitable and sufficient barricades across any highway or portion thereof to close and prevent individuals from entering the same or to restrict public use and travel thereon; in the case of a highway under his supervision and control, such an order may provide for such barricades.

4.The commissioner may revoke or modify any order theretofore made and shall cause or require copies of such a revocation or modification to be filed in the same offices as the original order.

5.In the case of any order to close and barricade a highway or part thereof within, adjacent to or in the vicinity of a reservation, installation or facility maintained by the armed forces of the United States, the provisions of any law relating to the maintenance and repair of streets and highways in the state and applicable to the state, or to any political subdivision of the state, shall be deemed to be suspended from the date notices are so posted and barricades, if any, are so erected until the order of the commissioner shall be revoked or the reservation, installation or facility shall cease to be maintained under the jurisdiction of such armed forces. Neither the state, nor any political subdivision shall be liable for damages to persons or property sustained on any such highway or portion thereof from and after the date of posting of such notices and the erection of such barricades, if any, until the order of the commissioner is revoked or such reservation, installation or facility shall cease to be maintained under the jurisdiction of such armed forces; provided that during such period such notices and barricades, if any, shall continue to be maintained suitably in accordance with the order of the commissioner.

6.Nothing in this section shall prevent the lawful temporary closing of any highway or part thereof otherwise authorized by or pursuant to law.

N.Y. Defense Emergency Act 1951 Law § 82