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 ('all persons and things infected with or exposed to'); owners or persons in control of premises, places and things
- Character
- statutory duty
- Collection
- Standing duties: New York DUT-NY
Operative words
1. Every local board of health and every health officer shall guard against the introduction of such communicable diseases as are designated in the sanitary code, by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases. 2. Every local board of health and every health officer may: (a) provide for care and isolation of cases... (b)... prohibit and prevent all intercourse and communication with or use of infected premises, places and things
Penalty
§ 12-b(1): wilful refusal to comply with a lawful order of a local board of health or health officer is a misdemeanor (Ex. DUT-NY-002); § 12: civil penalty up to $2,000 per violation (Ex. DUT-NY-001)
What it required
Every local health authority to control 'all persons and things infected with or exposed to' a designated communicable disease and, on that authority, to isolate cases and to bar the use of 'infected premises, places and things' until 'thorough purification and cleansing' is complete; every owner or person in control of such premises to submit to that control, on pain of § 12-b(1) (misdemeanor for wilful refusal to comply with a local health order) and § 12.
Retrieval noteSubdivision 2(b) continues: 'and require, and if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed.' The workplace-outbreak closures and cleaning orders of 2020-2021 by county health departments rest on this section together with 10 NYCRR 2.6 and 2.13.