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Ex. DUT-DC-006 Standing duty Primary source read

D.C. Official Code sec. 7-133

Persons believed to be carriers of communicable diseases -- Order for removal

Congress of the United States (Act of Aug. 11, 1939, ch. 601), as amended by the Council of the District of Columbia · District of Columbia (State)

The COVID Project

The record

Jurisdiction
District of Columbia
Level
State
Authority
Communicable and Preventable Diseases Act, 53 Stat. 1408, sec. 3, as amended by D.C. Law 6-83 and D.C. Law 14-194 sec. 902
Issued
1939-08-11 Aug. 11, 1939
Effective
1939-08-11; in force throughout 2020-2021 (read as 1939-08-11)
End
standing (read as 2021-09-30)
In force
Standing since Aug. 11, 1939 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding duty
Addressees
  • persons generally; groups of persons at specified locations; owners or persons in control of premises within the bounds of a detention area
Character
statutory authority
Collection
Standing duties: District of Columbia DUT-DC

Operative words

Whenever the Mayor... has probable cause to believe that a person is affected with a communicable disease or is a carrier of a communicable disease and that the person's presence in the general population is likely to cause death or seriously impair the health of others, the Mayor may, by written order, direct the removal of that person for the purpose of isolation, quarantine, or treatment.

Penalty

Leaving detention without discharge (sec. 7-136) and interference (sec. 7-139) are punishable under sec. 7-140 by a fine not exceeding $5,000, imprisonment not more than 90 days, or both (Ex. DUT-DC-008)

What it required

Authorizes written orders removing and detaining an individual for isolation, quarantine or treatment (subsection (a)), executed by the Metropolitan Police Department (subsection (b)), and, for 'one or more groups of people at one or more locations', an order directing 'the removal or detention of any such group' that 'shall state the bounds of the area subject to the order' (subsection (c)): the District's area-quarantine power. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Sec. 7-2304(b)(14) (Ex. DUT-DC-001) incorporates this power into the emergency executive order regime. Sections 7-134 and 7-135 (judicial continuation within 24 hours; hearing) were read on the Council's code site and are not separately saved.