{"id":"DUT-CA-004","kind":"duty","level":"state","jurisdiction":"California","state":"CA","metro":"","industry":"","agency":"","eco":"","issuer":"California Legislature (codified text published by the Legislative Counsel)","authority":"Health and Safety Code Division 101 (local health administration); sec. 101040 as amended by Stats. 2007, ch. 483, sec. 20.4 (eff. Jan. 1, 2008)","instrument":"Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency","title":"Health and Safety Code section 101040: the local health officer may take any preventive measure necessary to protect and preserve the public health from any public health hazard during a state of war emergency, state of emergency or local emergency","dateIssued":"2008-01-01","effective":"2008-01-01","end":"standing","startDate":"2008-01-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","OTHER"],"addressees":["persons generally; owners or persons in control of premises (abatement, correction, removal); businesses within the jurisdiction"],"clause":"(a) The local health officer may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any \u0022state of war emergency,\u0022 \u0022state of emergency,\u0022 or \u0022local emergency,\u0022... (b) \u0022Preventive measure\u0022 means abatement, correction, removal or any other protective step that may be taken against any public health hazard","enforcement":"None stated in the section. Local orders issued under it were enforced through Gov. Code section 8665 (DUT-CA-007) where issued under a local emergency, Health and Safety Code section 120275 (DUT-CA-003) where they concerned quarantine or disinfection, and county and city ordinances.","functions":[],"notes":"Gave every county and city health officer, for the whole of the State of Emergency proclaimed March 4, 2020 (CA-001), power to take any preventive measure, including abatement, correction and removal, against a public health hazard within the jurisdiction, the authority under which the county shelter, closure, protocol and masking orders of the metro files (and the San Francisco construction order described in Kuciemba, DUT-CA-020) were issued. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC\u0026sectionNum=101040.","snapshot":"","fileExists":true,"fileBytes":146212,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-CA","url":"/library/DUT-CA-004","exhibitUrl":"/exhibit/DUT-CA-004","citation":"California Legislature (codified text published by the Legislative Counsel), Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency (standing) (Ex. DUT-CA-004)","stateName":"California","related":["CA-001","DUT-CA-020","DUT-CA-007","DUT-CA-003"]}