§ 1395 — Violations; temporary restraining order

§ 1395. Violations; temporary restraining order. 1. A violation of\nthis chapter or of the sanitary code in the operation of a children's\novernight, summer day, or traveling summer day camp shall constitute a\npublic nuisance which may be enjoined or restrained.\n 2. When an officer has cause to believe that there has been a\nviolation of this chapter or the sanitary code in the operation of a\nchildren's overnight, summer day, or traveling summer day camp which\ndoes not constitute a public health hazard as defined by the sanitary\ncode, and that such violation has continued for more than three days\nafter notice of the violation and demand for discontinuance and\nabatement thereof has been served in writing on the children's\novernight, summer day, or traveling summer day camp operator in the\nmanner prescribed for the service of summons set forth in the civil\npractice law and rules, an officer may:\n (a) Conduct a hearing upon at least three days notice served on the\ncamp operator in the manner prescribed for the service of summons as set\nforth in the civil practice law and rules, and\n (b) Make a determination after such hearing with respect to the\nalleged violation or violations and have the power to assess a fine on\nthe children's overnight, summer day, or traveling summer day camp\noperator not to exceed two hundred fifty dollars for each violation for\neach day succeeding the third day after the notice of violation and\ndemand for discontinuance and abatement thereof has been given, and\n (c) With respect to the hearing set forth herein the officer in\naccordance with the civil practice law and rules may: issue subpoena,\ncompel the attendance of witnesses, and administer oaths to witnesses,\nand\n (d) Make an ex parte application to the supreme court of the state of\nNew York for a temporary restraining order which the court may grant\nwhen it determines that there is a violation which requires immediate\nrelief.\n 3. When an officer has cause to believe that there has been a\nviolation of this chapter or the sanitary code in the operation of\nchildren's overnight, summer day, or traveling summer day camp which\nconstitutes a public health hazard as defined by the sanitary code, and\nafter notice of the violation has been served in writing on the\nchildren's overnight, summer day, or traveling summer day camp operator\nin the manner prescribed for the service of summons set forth in the\ncivil practice law and rules, an officer may:\n (a) Conduct a hearing upon at least fifteen days notice in accordance\nwith the provisions of section twelve-a of this chapter served on the\ncamp operator in the manner prescribed for the service of summons as set\nforth in the civil practice law and rules, and\n (b) Make a determination after such hearing with respect to the\nalleged violation or violations and have the power to assess a fine on\nthe children's overnight, summer day, or traveling summer day camp\noperator in accordance with the provisions of section twelve of this\nchapter for each violation, and\n (c) With respect to the hearing set forth herein the officer in\naccordance with the civil practice law and rules may: issue subpoena,\ncompel the attendance of witnesses, and administer oaths to witnesses,\nand\n (d) Make an ex parte application to the supreme court of the state of\nNew York for a temporary restraining order which the court may grant\nwhen it determines that there is a violation which requires immediate\nrelief.\n 4. The officer may appoint one or more hearing officers as shall be\nnecessary to do or perform in his place or stead the acts authorized by\nparagraphs (a) and (c) of subdivision two of this section. The hearing\nofficer shall make findings of fact and submit recommendations to the\nofficer.\n 5. An officer may institute proceedings to enjoin the continuance of\nsuch violation or the continued operation of such camp. No bond or\nundertaking shall be required of such officer in such proceedings and no\napplication to vacate or modify any judgment obtained shall be\nentertained by any court without proof to such court that ten days\nnotice of such application, and copies of the papers upon which the\napplication is to be made, have been served upon such officer.\n 6. Nothing contained in this section shall be construed to limit the\nduty or power of an officer to act with regard to an immediate threat to\nthe health of the occupants of a children's overnight, summer day, or\ntraveling summer day camp or the community in which it is located, or to\nalter or abridge any of the duties and powers now or hereafter existing\nin the commissioner, state district health officers, county boards of\nhealth, county commissioners of health or local boards of health.\n 7. Nothing contained in this section shall be construed to limit or\npreclude the officer from enforcing or pursuing any remedies or\npenalties available under this chapter or sanitary code with respect to\nviolations which constitute a public health hazard as defined by the\nsanitary code, in the operation of the children's overnight, summer day,\nor traveling summer day camp, including, but not limited to, those\nremedies or penalties available under sections twelve, sixteen, two\nhundred six, two hundred twenty-nine, three hundred nine, and three\nhundred forty-eight of this chapter.\n