2006 New York Code - Temporary Closing Order; Temporary Restraining Order.

 
    § 7-711 Temporary closing order; temporary restraining order.
    (a)  Generally.  If  on  a  motion  for  a preliminary injunction, the
  corporation counsel submits evidence warranting both a temporary closing
  order and a temporary restraining order,  the  court  shall  grant  both
  orders.
    (b)  Enforcement of temporary closing orders and temporary restraining
  orders. Temporary closing orders shall be  enforced  by  the  agency  at
  whose  request  the underlying action is being brought. In the event the
  underlying action is being brought at the direction of the mayor, or  at
  the  request  of  several city agencies or by the corporation counsel on
  his or her own initiative, or upon the request of a  district  attorney,
  or a member of the city council, the order shall be enforced by the city
  agency  designated  by  the mayor. The police department shall, upon the
  request of the agency involved or  upon  the  direction  of  the  mayor,
  assist  in  the  enforcement of a temporary closing order or a temporary
  restraining order.
    (c) Inventory upon service of temporary closing orders  and  temporary
  restraining  orders. The officers serving a temporary closing order or a
  temporary restraining order shall forthwith make and return to the court
  an inventory of personal property situated in and  used  in  conducting,
  maintaining  or  permitting  a  public nuisance within the scope of this
  subchapter and shall enter upon the building, erection or place for such
  purpose. Such inventory shall be taken in any  manner  which  is  deemed
  likely  to  evidence  a true and accurate representation of the personal
  property subject  to  such  inventory  including,  but  not  limited  to
  photographing such personal property.
    (d)  Closing  of  premises  pursuant  to  temporary closing order. The
  officers serving a temporary closing order shall, upon  service  of  the
  order, command all persons present in the building, erection or place to
  vacate  the  premises  forthwith.  Upon  the building, erection or place
  being vacated, the premises  shall  be  securely  locked  and  all  keys
  delivered to the officers serving the order who thereafter shall deliver
  the keys to the fee owner, lessor or lessee of the building, erection or
  place  involved.  If  the  fee  owner,  lessor  or  lessee is not at the
  building, erection or place  when  the  order  is  being  executed,  the
  officers  shall  securely padlock the premises and retain the keys until
  the fee owner, lessor or lessee of the building is ascertained, in which
  event, the officers shall deliver the keys  to  such  owner,  lessor  or
  lessee.
    (e)  Posting  of  temporary  closing  order  and temporary restraining
  order; posting of notices; offenses. Upon service of a temporary closing
  order or a temporary restraining order, the officer shall  post  a  copy
  thereof  in  a  conspicuous  place  or upon one or more of the principal
  doors at entrances of such premises where the public nuisance  is  being
  conducted,  maintained  or  permitted.  In  addition,  where a temporary
  closing  order  has  been  granted,  the  officers  shall  affix,  in  a
  conspicuous  place  or  upon  one  or  more  of  the  principal doors at
  entrances of such premises, a printed notice that the premises have been
  closed by court order, which notice shall contain the legend "closed  by
  court  order"  in  block  lettering of sufficient size to be observed by
  anyone intending or likely to enter the premises, the date of the order,
  the court from which issued and the name of the office or agency posting
  the notice. In addition, where a temporary restraining  order  has  been
  granted,  the officers shall affix, in the same manner, a notice similar
  to the notice provided for in relation  to  a  temporary  closing  order
  except  that  the  notice shall state that certain described activity is
  prohibited by court order and that removal of property is prohibited  by
  court  order.    Mutilation  or removal of such a posted order or such a


  posted notice while it remains  in  force,  in  addition  to  any  other
  punishment  prescribed  by law, shall be punishable, on conviction, by a
  fine of not more than  five  hundred  dollars  or  by  imprisonment  not
  exceeding  ninety  days,  or  by  both,  provided  such  order or notice
  contains therein a notice of such penalty. The police department  shall,
  upon  the  request  of  the agency involved or upon the direction of the
  mayor, assist in the enforcement of this subdivision.
    (f) Intentional disobedience of or  resistance  to  temporary  closing
  order  or  temporary  restraining  order. Intentional disobedience of or
  resistance to a temporary  closing  order  or  a  temporary  restraining
  order,  in  addition to any other punishment prescribed by law, shall be
  punishable, on conviction, by a fine  of  not  more  than  one  thousand
  dollars or by imprisonment not exceeding six months or by both.