§ 257-12. Enforcement of temporary closing and restraining orders., Article II. General Nuisance Remedies, Chapter 257. Property and Building Nuisances, Part II. General Legislation, Code of Ordinances, New Rochelle

Generally. If, on 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.

Enforcement of temporary closing orders and temporary restraining orders. Temporary closing orders shall be enforced by the department at whose request the underlying action is being brought. In the event that the underlying action is being brought at the direction of the City Manager or at the request of a City department or by the Corporation Counsel, the order shall be enforced by the City department designated by the City Manager. The Police Department shall, upon the request of the department involved or upon the direction of the City Manager, assist in the enforcement of a temporary closing order or a temporary restraining order.

Inventory upon service of temporary closing orders and temporary restraining orders. The officers or inspectors 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 nuisance within the scope of this article and shall enter upon the building, structure 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.

Closing of premises pursuant to temporary closing order. The officers or inspectors serving a temporary closing order shall, upon service of the order, command all persons present in the building, structure or place to vacate the premises forthwith. Upon the building, structure or place being vacated, the premises shall be securely locked and all keys delivered to the officers or inspectors serving the order who thereafter shall deliver the keys to the fee owner, lessor or lessee of the building, structure or place involved. If the fee owner, lessor or lessee is not at the building, structure or place when the order is being executed, the officers or inspectors 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 or inspectors shall deliver the keys to such owner, lessor or lessee.

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 or inspector 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 nuisance is being conducted, maintained or permitted. In addition, where a temporary closing order has been granted, the officers or inspectors 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 department posting the notice. In addition, where a temporary restraining order has been granted, the officers or inspectors 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 $500 or by imprisonment not exceeding 90 days, or by both, provided that such order or notice contains therein a notice of such penalty. The Police Department shall, upon the request of the department involved or upon the direction of the City Manager, assist in the enforcement of this subsection.

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 $1,000 or by imprisonment not exceeding six months, or by both.