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.

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.