2013 New York Consolidated Laws
PBH - Public Health
Article 13-B - (1391 - 1396) REGULATION OF OVERNIGHT, SUMMER DAY, AND TRAVELING SUMMER DAY CAMPS FOR CHILDREN
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.