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  3. DUT-NY-003

Ex. DUT-NY-003 Standing duty Primary source read

N.Y. Public Health Law § 16 (summary action)

Summary action

New York State Legislature (Public Health Law, article 1, title 2); power exercised by the Commissioner of Health · New York (State)

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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
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 note

The provision is a power coupled with a command ('shall order'); it binds the addressee of the order from the moment of written notice.