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Ex. DUT-NY-002 Standing duty Primary source read

N.Y. Public Health Law § 12-b (wilful violation of health laws)

Wilful violation of health laws

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; 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
Emergency declarationStanding duty
Addressees
  • persons generally; businesses and owners or persons in control of premises subject to a health order or regulation
Character
order penalty
Collection
Standing duties: New York DUT-NY

Operative words

1. A person who wilfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or local health officer, is guilty of a misdemeanor... 2. A person who wilfully violates any provision of this chapter, or any regulation lawfully made or established by any public officer or board under authority of this chapter... is punishable by imprisonment not exceeding one year, or by a fine not exceeding ten thousand dollars or by both.

Penalty

§ 12-b(1): misdemeanor (with a reduced first-offense penalty only for a tenant's own dwelling unit or an owner-occupied one- or two-family dwelling); § 12-b(2): imprisonment not exceeding one year, or a fine not exceeding $10,000, or both

What it required

Every person to comply with every lawful order or regulation of a local board of health or health officer (misdemeanor for wilful refusal) and with every provision of the Public Health Law and every regulation under it (up to one year's imprisonment or a $10,000 fine, or both, for wilful violation), the criminal provision that EO 202.14 made the penalty for violating the Governor's COVID-19 directives.

Retrieval note

EO 202.14 (Apr. 7, 2020, Ex. NY-016): 'The enforcement of any violation of the foregoing directives on and after April 7, 2020, in addition to any other enforcement mechanism stated in any prior executive orders, shall be a violation punishable as a violation of public health law section 12-b(2) and the Commissioner of Health is directed and authorized to issue emergency regulations. The fine for such violation by an individual who is participating in any gathering which violates the terms of the orders or is failing to abide by social distancing restrictions in effect in any place which is not their home shall not exceed $1,000.' The $1,000 ceiling is written for individuals at gatherings; businesses remained exposed to the full § 12-b(2) and § 12 penalties.