new-york-state police trespass
How is an area deemed unsafe and needing to be cordoned off?
<p>How is an area deemed unsafe and needing to be cordoned off?</p>

<p>Would it be the person at the top of the law enforcement agency (police chief or sheriff) who would make the decision that a particular area is unsafe and needs to be cordoned off with police tape, would it be the elected official at the top (mayor, town supervisor, county administrator), or a judge or magistrate?</p>

<p>What I'm imagining is that after the police tape is put up, and personnel is stationed at the tape to explain to people, if needed, that anyone crossing the tape will be subject to arrest.</p>

<p>The powers given to law enforcement professionals will be detailed in the relevant law that establishes them.</p>

<p>I would suspect that the decision to cordon off an area would fall within the purview of the officer on the scene; the idea that a police officer would need to seek permission before cordoning off a motor vehicle accident or chemical spill is unworkable. I would also suspect that other emergency personnel (e.g. ambulance and fire-fighters) would have similar powers.</p>

<p>However, such cordoning off would be a temporary measure and if it was maintained for an unreasonable period it would be open to challenge through an administrative or judicial process.</p>

<p>If the police decided that a feature was a permanent hazard then they could seek a court order on the owner of the property to provide some measure to adequately protect the public, by either removing the hazard or providing some permanent barrier, under whatever laws seemed most appropriate.</p>

<p>A few states including NY have a defined executive government role called "fire police" who can deny access to the site of emergencies; if there has been a recent death then they may be enabled to do this.</p>

<p><a href="https://en.wikipedia.org/wiki/Fire_police#New_York" rel="nofollow">wikipedia</a></p>

<p>"Fire police in New York State are peace officers with full police powers (including that of arrest) when acting pursuant to their special duties.</p>

<p>These are granted under Section 209 (c) of the General Municipal Law. As New York State peace officers, they are required to take an oath, a copy of which must be kept on file in the town clerk's office in the municipality in which they serve. As mandated by Executive Law, Section 845 (Chapter 482, Laws of 1979 and Chapter 843 Laws of 1980), they are also listed with the Central Registry of Police and Peace Officers at the New York State, Division of Criminal Justice Services, Office of Public Safety in Albany, NY.
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<p>I cannot say if your city, county or town has such an office.  </p>
