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Posted on: July 1, 2020

Executive Orders & Related Enforcement Measures

Town of New Castle Seal

Residents have inquired what the potential citations referenced in yesterday’s Nixle Alert from the Police Chief means. The Town cannot provide legal advice and cases are fact specific and charges other than what have already been specified may be relied upon. However, in order to provide clarification and for general informational purposes only, the Town consulted with the Town Attorney and be advised that for violating the Governor’s Executive Order, one may be charged as follows:

* Violation of Health Law (PBH § 12-B) – criminal misdemeanor; up to $10,000 for a first-time violation and/or up to one-year imprisonment. This charge would be forwillful violation, refusal or failure to comply with a regulation or order issued pursuant to relevant provisions of the NYS Health Law. NYS Health Law Section 12-B

* Violation of Health Law (PBH § 12) – civil violation; up to $2,000 for a first-time violation and $5,000 for repeat violations. This charge would be for a violation of a health law or regulation (the Executive Orders). NYS Health Law Section 12

* 10 NYCRR 66-3.2 Section 66-3.2. Non-essential gatherings prohibited – civil violation; maximum fine of $1,000 for each violation. The State advises that while this regulation does not reflect the ban on gatherings has been modified to allow up to 25 persons (50 for Regions in Phase 4) while observing social distancing, as the Governor has relaxed the restriction to allow more persons to gather, this provision will be relied upon to charge people who gather in violation of the current regulations. NYS Emergency Health Regulations (Select the April 102020 Regulations)

* Disorderly Conduct, Penal Law § 240.20 (6), (7) – criminal violation; up to a $250 fine and fifteen days in jail. One is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, one engages in: (6) congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; and/or (7) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly Conduct

If you observe a social distancing violation or any other violation of the Governor’s Executive Orders, please call (914) 238-4422.

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