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Ex. DUT-NY-001 Standing duty Primary source read

N.Y. Public Health Law § 12 (violations of health laws or regulations; penalties and injunctions)

Violations of health laws or regulations; penalties and injunctions

New York State Legislature (Public Health Law, article 1, title 2) · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. XVII, § 3 (protection and promotion of the health of the inhabitants of the state); police power of the State; Public Health Law of 1953 (L. 1953, ch. 879), as amended
Issued
2029-04-01 Apr. 1, 2029
Effective
standing; text in force throughout March 2020 to September 2021 (read as 2029-04-01)
End
standing
In force
Standing since Apr. 1, 2029 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally ('any person'), including every business and every owner or person in control of premises subject to a health order or regulation
Character
order penalty
Collection
Standing duties: New York DUT-NY

Operative words

any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to exceed two thousand dollars for every such violation.

Penalty

§ 12(1)(a): civil penalty not to exceed $2,000 for every violation; § 12(1)(b): up to $5,000 for a subsequent violation within twelve months that was a serious threat to health and safety; § 12(1)(c): up to $10,000 where the violation directly results in serious physical harm; § 12(2): recovered by action brought by the Commissioner in any court of competent jurisdiction

What it required

Every person to obey every provision of the Public Health Law and every lawful notice, order or regulation issued under it, on pain of a civil penalty of up to $2,000 per violation, up to $5,000 for a repeat violation within twelve months that was 'a serious threat to the health and safety of an individual or individuals,' and up to $10,000 where the violation 'directly results in serious physical harm.'

Retrieval note

Consolidated-law mirror (public.law, which reproduces the nysenate.gov text and cites it as source) rendered from its March 7, 2022 capture; nysenate.gov, Justia and FindLaw returned HTTP 403 to every fetch. The mirror carries two versions of subdivision 1: the operative (a)-(c) version ('NB Effective until April 1, 2029') and the single-sentence version that takes over on that date; both fix the base penalty at $2,000 per violation. EO 202.6 (Ex. NY-003) and EO 202.14 (Ex. NY-016) tied enforcement of the directives to this section and to § 12-b; EO 202.68 (Ex. NY-008) imposed cluster-zone penalties on the same footing (per DIGEST_states_northeast).