2023 New York Laws › PBH - Public Health › Article 13-B - 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.