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This entry was published on 2014-09-22
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SECTION 1395
Violations; temporary restraining order
Public Health (PBH) CHAPTER 45, ARTICLE 13-B
§ 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.