The COVID Project
The record
- Jurisdiction
- New York
- Level
- State
- Authority
- N.Y. Const. art. XVII, § 3; police power; L. 1953, ch. 879, as amended
- Effective
- standing; text in force throughout March 2020 to September 2021
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in control of premises; State agencies and political subdivisions
- Character
- statutory authority
- Collection
- Standing duties: New York DUT-NY
Operative words
Whenever the commissioner, after investigation, is of the opinion that any person is causing, engaging in or maintaining a condition or activity which in his opinion constitutes danger to the health of the people... the commissioner shall order the person, including any state agency or political subdivision having jurisdiction, by written notice to discontinue such dangerous condition or activity or take certain action immediately or within a specified period of less than fifteen days.
Penalty
Enforced through § 12 (civil penalty up to $2,000 per violation and higher tiers) and § 12-b (criminal); the order itself operates immediately
What it required
Any person, business or public body maintaining a condition or activity the Commissioner finds dangerous to the health of the people to discontinue it or take the ordered action immediately, before any hearing (the hearing follows within fifteen days), the summary closure and abatement power that stood behind every premises-level health directive. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteThe provision is a power coupled with a command ('shall order'); it binds the addressee of the order from the moment of written notice.