Section 7-711. Temporary closing order; temporary restraining order  


Latest version.
  • (a)  Generally.  If  on  a  motion  for  a preliminary injunction, the
      corporation counsel submits evidence warranting both a temporary closing
      order and a temporary restraining order,  the  court  shall  grant  both
      orders.
        (b)  Enforcement of temporary closing orders and temporary restraining
      orders. Temporary closing orders shall be  enforced  by  the  agency  at
      whose  request  the underlying action is being brought. In the event the
      underlying action is being brought at the direction of the mayor, or  at
      the  request  of  several city agencies or by the corporation counsel on
      his or her own initiative, or upon the request of a  district  attorney,
      or a member of the city council, the order shall be enforced by the city
      agency  designated  by  the mayor. The police department shall, upon the
      request of the agency involved or  upon  the  direction  of  the  mayor,
      assist  in  the  enforcement of a temporary closing order or a temporary
      restraining order.
        (c) Inventory upon service of temporary closing orders  and  temporary
      restraining  orders. The officers serving a temporary closing order or a
      temporary restraining order shall forthwith make and return to the court
      an inventory of personal property situated in and  used  in  conducting,
      maintaining  or  permitting  a  public nuisance within the scope of this
      subchapter and shall enter upon the building, erection or place for such
      purpose. Such inventory shall be taken in any  manner  which  is  deemed
      likely  to  evidence  a true and accurate representation of the personal
      property subject  to  such  inventory  including,  but  not  limited  to
      photographing such personal property.
        (d)  Closing  of  premises  pursuant  to  temporary closing order. The
      officers serving a temporary closing order shall, upon  service  of  the
      order, command all persons present in the building, erection or place to
      vacate  the  premises  forthwith.  Upon  the building, erection or place
      being vacated, the premises  shall  be  securely  locked  and  all  keys
      delivered to the officers serving the order who thereafter shall deliver
      the keys to the fee owner, lessor or lessee of the building, erection or
      place  involved.  If  the  fee  owner,  lessor  or  lessee is not at the
      building, erection or place  when  the  order  is  being  executed,  the
      officers  shall  securely padlock the premises and retain the keys until
      the fee owner, lessor or lessee of the building is ascertained, in which
      event, the officers shall deliver the keys  to  such  owner,  lessor  or
      lessee.
        (e)  Posting  of  temporary  closing  order  and temporary restraining
      order; posting of notices; offenses. Upon service of a temporary closing
      order or a temporary restraining order, the officer shall  post  a  copy
      thereof  in  a  conspicuous  place  or upon one or more of the principal
      doors at entrances of such premises where the public nuisance  is  being
      conducted,  maintained  or  permitted.  In  addition,  where a temporary
      closing  order  has  been  granted,  the  officers  shall  affix,  in  a
      conspicuous  place  or  upon  one  or  more  of  the  principal doors at
      entrances of such premises, a printed notice that the premises have been
      closed by court order, which notice shall contain the legend "closed  by
      court  order"  in  block  lettering of sufficient size to be observed by
      anyone intending or likely to enter the premises, the date of the order,
      the court from which issued and the name of the office or agency posting
      the notice. In addition, where a temporary restraining  order  has  been
      granted,  the officers shall affix, in the same manner, a notice similar
      to the notice provided for in relation  to  a  temporary  closing  order
      except  that  the  notice shall state that certain described activity is
      prohibited by court order and that removal of property is prohibited  by
      court  order.    Mutilation  or removal of such a posted order or such a
    
      posted notice while it remains  in  force,  in  addition  to  any  other
      punishment  prescribed  by law, shall be punishable, on conviction, by a
      fine of not more than  five  hundred  dollars  or  by  imprisonment  not
      exceeding  ninety  days,  or  by  both,  provided  such  order or notice
      contains therein a notice of such penalty. The police department  shall,
      upon  the  request  of  the agency involved or upon the direction of the
      mayor, assist in the enforcement of this subdivision.
        (f) Intentional disobedience of or  resistance  to  temporary  closing
      order  or  temporary  restraining  order. Intentional disobedience of or
      resistance to a temporary  closing  order  or  a  temporary  restraining
      order,  in  addition to any other punishment prescribed by law, shall be
      punishable, on conviction, by a fine  of  not  more  than  one  thousand
      dollars or by imprisonment not exceeding six months or by both.