N.Y. Public Health Law 1395 – Violations; temporary restraining order
§ 1395. Violations; temporary restraining order. 1. A violation of this chapter or of the sanitary code in the operation of a children's overnight, summer day, or traveling summer day camp shall constitute a public nuisance which may be enjoined or restrained.
Terms Used In N.Y. Public Health Law 1395
- Continuance: Putting off of a hearing ot trial until a later time.
- Officer: shall mean the commissioner, the health commissioner of a city with a population of over fifty thousand, the health commissioner of a county or part-county health district, the state district health officer, in whose jurisdiction a children's overnight camp, summer day camp, or the primary inclement weather facility of the children's traveling summer day camp is located, or if there be no such facility then the state district health officer in whose jurisdiction the central office is located, any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter, the state district sanitary engineer or a grade one public health administrator qualified and appointed pursuant to part eleven of the sanitary code and serving as primary administrator of all health programs in a county or part-county health district. See N.Y. Public Health Law 1392
- Subpoena: A command to a witness to appear and give testimony.
- Summer day camp: shall mean a property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June first and September fifteenth in any year by children under sixteen years of age under general supervision, for the purpose of indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the department in rules and regulations, for a period of less than twenty-four hours on any day the property is so occupied, and on which no provisions are made for overnight occupancy by such children. See N.Y. Public Health Law 1392
- Summons: Another word for subpoena used by the criminal justice system.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Traveling summer day camp: shall mean a summer day camp which regularly operates in the period between May fifteenth and September fifteenth and which regularly transports children under the age of sixteen on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purposes of organized group activity. See N.Y. Public Health Law 1392
2. When an officer has cause to believe that there has been a violation of this chapter or the sanitary code in the operation of a children's overnight, summer day, or traveling summer day camp which does not constitute a public health hazard as defined by the sanitary code, and that such violation has continued for more than three days after notice of the violation and demand for discontinuance and abatement thereof has been served in writing on the children's overnight, summer day, or traveling summer day camp operator in the manner prescribed for the service of summons set forth in the civil practice law and rules, an officer may:
(a) Conduct a hearing upon at least three days notice served on the camp operator in the manner prescribed for the service of summons as set forth in the civil practice law and rules, and
(b) Make a determination after such hearing with respect to the alleged violation or violations and have the power to assess a fine on the children's overnight, summer day, or traveling summer day camp operator not to exceed two hundred fifty dollars for each violation for each day succeeding the third day after the notice of violation and demand for discontinuance and abatement thereof has been given, and
(c) With respect to the hearing set forth herein the officer in accordance with the civil practice law and rules may: issue subpoena, compel the attendance of witnesses, and administer oaths to witnesses, and
(d) Make an ex parte application to the supreme court of the state of New York for a temporary restraining order which the court may grant when it determines that there is a violation which requires immediate relief.
3. When an officer has cause to believe that there has been a violation of this chapter or the sanitary code in the operation of children's overnight, summer day, or traveling summer day camp which constitutes a public health hazard as defined by the sanitary code, and after notice of the violation has been served in writing on the children's overnight, summer day, or traveling summer day camp operator in the manner prescribed for the service of summons set forth in the civil practice law and rules, an officer may:
(a) Conduct a hearing upon at least fifteen days notice in accordance with the provisions of section twelve-a of this chapter served on the camp operator in the manner prescribed for the service of summons as set forth in the civil practice law and rules, and
(b) Make a determination after such hearing with respect to the alleged violation or violations and have the power to assess a fine on the children's overnight, summer day, or traveling summer day camp operator in accordance with the provisions of section twelve of this chapter for each violation, and
(c) With respect to the hearing set forth herein the officer in accordance with the civil practice law and rules may: issue subpoena, compel the attendance of witnesses, and administer oaths to witnesses, and
(d) Make an ex parte application to the supreme court of the state of New York for a temporary restraining order which the court may grant when it determines that there is a violation which requires immediate relief.
4. The officer may appoint one or more hearing officers as shall be necessary to do or perform in his place or stead the acts authorized by paragraphs (a) and (c) of subdivision two of this section. The hearing officer shall make findings of fact and submit recommendations to the officer.
5. An officer may institute proceedings to enjoin the continuance of such violation or the continued operation of such camp. No bond or undertaking shall be required of such officer in such proceedings and no application to vacate or modify any judgment obtained shall be entertained by any court without proof to such court that ten days notice of such application, and copies of the papers upon which the application is to be made, have been served upon such officer.
6. Nothing contained in this section shall be construed to limit the duty or power of an officer to act with regard to an immediate threat to the health of the occupants of a children's overnight, summer day, or traveling summer day camp or the community in which it is located, or to alter or abridge any of the duties and powers now or hereafter existing in the commissioner, state district health officers, county boards of health, county commissioners of health or local boards of health.
7. Nothing contained in this section shall be construed to limit or preclude the officer from enforcing or pursuing any remedies or penalties available under this chapter or sanitary code with respect to violations which constitute a public health hazard as defined by the sanitary code, in the operation of the children's overnight, summer day, or traveling summer day camp, including, but not limited to, those remedies or penalties available under sections twelve, sixteen, two hundred six, two hundred twenty-nine, three hundred nine, and three hundred forty-eight of this chapter.