{"id":"DUT-IN-003","kind":"duty","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Indiana Code 2021 edition)","authority":"Ind. Const. art. 4; Title 16, Article 20 (Local Health Departments), chapter 1 (General Provisions)","instrument":"Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions; abatement; enforcement), 16-20-1-26 (enforcement in circuit or superior court), 16-20-1-28","title":"Local Health Departments: epidemic-control powers, the duty of every person not to maintain disease-transmitting conditions, and enforcement","dateIssued":"2021-05-10","effective":"Sections 24(a), 25(a), 25(c) and 26(a), (c) in force in substance before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3; the 2021 additions from their dates","end":"standing","startDate":"2020-03-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","GATH","CLOSE","SCH"],"addressees":["persons generally; owners or persons in control of premises; specified businesses when named in a health officer\u0027s order"],"clause":"A person shall not institute, permit, or maintain any conditions that may transmit, generate, or promote disease.... If a person refuses or neglects to obey an order issued under this section, the attorney representing the county... shall... institute proceedings in the courts for enforcement. An order may be enforced by injunction.","enforcement":"Section 25(c): court enforcement \u0027by injunction\u0027; if \u0027a criminal offense,\u0027 notification of law enforcement. Section 26(c): the court may issue an injunction, order suspension or revocation of a license, order an inspection, order that a property be vacated, impose \u0027a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10)\u0027 (ordinance-violation penalty ceiling: $2,500 first violation, $7,500 each subsequent violation), and order compliance within a specified time.","functions":[],"notes":"Every person, including every owner or operator of premises, refrain from instituting, permitting or maintaining conditions that may transmit disease; obey a health officer\u0027s written abatement order within \u0027the shortest reasonable time\u0027; and submit to local health officers\u0027 orders closing schools and forbidding public gatherings \u0027when considered necessary to prevent and stop epidemics\u0027 (section 24(a)), the authority recited in the Marion County Public Health Orders (Exs. MET-IND-001 to MET-IND-020) and upheld in Bar Indy (Ex. DUT-IN-009).","sourceUrl":"https://iga.in.gov/ic/2021/Title_16/Article_20.pdf","snapshot":"","fileExists":true,"fileBytes":523257,"grade":"primary","character":"statutory_duty","description":"","collection":"DUT-IN","url":"/library/DUT-IN-003","exhibitUrl":"/exhibit/DUT-IN-003","citation":"Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions; abatement; enforcement), 16-20-1-26 (enforcement in circuit or superior court), 16-20-1-28 (standing) (Ex. DUT-IN-003)","stateName":"Indiana","related":["MET-IND-001","MET-IND-020","DUT-IN-009","DUT-IN-004","DUT-IN-007","DUT-IN-005","DUT-IN-016","DUT-IN-017"]}