New Rochelle |
Code of Ordinances |
Part II. General Legislation |
Chapter 257. Property and Building Nuisances |
Article III. Remedies for Promotion of Obscene Material; Seizure and Civil Penalty |
§ 257-20. Temporary restraining order.
Latest version.
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A.Generally. If, on a motion for a preliminary injunction pursuant to § 257-18 of this article, the Corporation Counsel shall show by clear and convincing evidence that a nuisance within the scope of this article is being conducted, maintained or permitted, a temporary restraining order may be granted without notice restraining the defendants and all persons from making or permitting a bulk transfer as defined in Subsection B of § 257-18 pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for a preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order. A decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.B.Service of temporary restraining order. Unless the court orders otherwise, a temporary restraining order and the papers upon which it was based and a notice of hearing for a preliminary injunction shall be personally served in the same manner as a summons as provided in the Civil Practice Law and Rules.C.Enforcement of temporary restraining order. A temporary restraining order shall be enforced by the City department or departments specified in Subsection B of § 257-8 of this chapter.D.Inventory upon service of temporary restraining order. The officers or inspectors serving 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.