Houses of prostitution declared

nuisance

ARTICLE XVII-A *

Suppression of certain nuisances

(Added by L. 1914, ch. 365, in effect April 14, 1914)

Section 343-a. Nuisance defined.

343-b. Action to enjoin nuisance.

343-c. Jurisdiction and procedure.

343-d. Trial of action.

343-e. Discontinuance of action; substitution.

343-f. Costs.

343-g. Permanent injunction.

343-h. Violation of injunction.

343-i. Effect if portion of article unconstitu

tional.

§ 343-a.† Nuisance defined. For the purpose of this article any house, building, place or any separate part or portion thereof, or the ground itself, in or upon which assignation or prostitution is conducted, practiced, permitted, carried on or exists is declared a nuisance, and whoever knowingly shall erect, establish, permit, continue, maintain, own, lease or sublease any house, building, erection, place or any separate part or portion thereof, used for such purposes, shall be guilty of maintaining a nuisance.

§ 343-b. Action to enjoin nuisance. When a nuisance is created, conducted, kept, maintained, permitted or exists in any county, the district attorney of the county, any taxpayer residing in the immediate neighborhood of the alleged nuisance, or any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the state board of charities, and possesses a certificate from such board of such fact and of conformity with its regulations, may maintain an action in the name of the people of the state of New York, upon the relation of such taxpayer, corporation or district attorney, to perpetually enjoin such nuisance by any owner, agent, lessee, occupant or employee, of the house, building, erection, place or any separate part or portion thereof or ground, in or upon which such nuisance is alleged to be conducted, kept, permitted or exists.

§ 343-c.† Jurisdiction and procedure. Such action shall Jurisdicbe brought in the supreme court of the county in which prothe property is situated. At or before the commencement of the action a complaint alleging the facts constituting the nuisance shall be filed in the office of the clerk of the county, together with a notice of the pendency of the action, containing the names of the parties, the object of the action and a brief description of the property affected thereby. Such notice shall be immediately recorded by the clerk in accordance with the provisions of section sixteen hundred and seventy-two of the code of civil procedure. After the filing of the complaint, application for a temporary injunction may be made to the supreme court or a judge thereof who shall grant a hearing thereon if satisfied of the good faith of the application and shall direct the service upon the owner, agent or occupant of the property in or upon which a nuisance is alleged to exist, of a copy of the complaint, together with a notice of the time and place of the hearing of the application. Such notice shall be served at least five days before the hearing. If Hearing the hearing be continued at the instance of the defendant, a temporary injunction restraining any person from continuing such nuisance shall issue as a matter of course. If upon the hearing, the allegations be sustained to the satisfaction of the court or judge, such

Trial of action

Discontinuance of action

Substitution

Costs

Permanent injunction

court or judge shall issue a temporary injunction, without bond, restraining any person from continuing the nuisance.

§ 343-d. Trial of action. The action for the permanent injunction shall be triable at the term of the supreme court immediately following the issuance of the temporary injunction as provided in this article. In such action evidence of the common fame and general reputation of the place, of the inmates thereof, or of those resorting thereto, shall be competent evidence to prove the existence of the nuisance. An admission or finding of guilt of any person of a violation of section eleven hundred and forty-six of the penal law at such place shall be presumptive evidence of the nuisance.

If

§ 343-e. Discontinuance of action; substitution. the action be commenced by a taxpayer it shall not be discontinued, except upon the sworn statement of the relator, or his attorney, stating the reason why the action should be discontinued, and no application for discontinuance shall be granted nor shall the action be dismissed upon default, unless approved in writing or in open court by the district attorney of the county wherein the action is pending. If the court rejects the application for discontinuance, it shall direct the district attorney to prosecute such action to judgment. If any such action be continued more than one term of court, any taxpayer or the district attorney of the county wherein the action is pending may, on order of the court, be substituted for the relator, and prosecute such action to judgment.

§ 343-f. Costs. If the action be brought by a taxpayer or a corporation and the court finds that there were no reasonable grounds for such action, the costs thereof shall be taxed against the relator.

§ 343-g. Permanent injunction. If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall permanently and perpetually

enjoin the defendant or defendants and any other owner, agent, lessee, occupant or employee from conducting, keeping, maintaining, permitting or continuing the nuisance complained of on the premises in or on which the nuisance was maintained.

of injunction

§ 343-h. Violation of injunction. A violation of a Violation judgment entered under this article shall constitute a contempt of court punishable by imprisonment for not less than ten days nor more than twelve months.

If there be a violation of such judgment, an order shall issue directing the closing and vacating of the premises and enjoining the use thereof for not less than thirty days nor more than one year from the entry of the order and the court or judge shall direct the sheriff to enforce such order and shall allow him a reasonable fee, which shall be a lien upon the premises. A person who breaks, enters or uses any house, building, erection, place or any separate part or portion thereof, or ground vacated or closed in accordance with this article, except for the purpose of removing personal property and trade fixtures owned by or mortgaged to such person, or the corporation, association, or partnership represented by such person, shall be guilty of contempt of court punishable as provided in this section.

§ 343-i. Effect if portion of article unconstitutional. ConstituIf any part of this article be held unconstitutional the tionality constitutionality of the other parts thereof shall not be affected or impaired.

ARTICLE XVII-B

Regulation of certain contagious diseases *

(Added by L. 1918, ch. 264, in effect April 17, 1918)

Section 343-m. Suspected persons.

343-n. Convicted persons.

Section 343-p. Free treatment for indigent persons.
343-q. Treatment only by physicians or on their
prescriptions.

343-r. Reports and information confidential.
343-s. Penalties.

343-t. Definitions.

§ 343-m. Suspected persons. Whenever the board of health or health officer of a health district shall have reasonable ground to believe that any person within the jurisdiction of such board or health officer is suffering from, or infected with, any infectious venereal disease and is likely to infect or to be the source of infection of any other person, such board of health or health officer shall cause a medical examination to be made of such person, for the purpose of ascertaining whether or not such person is in fact suffering from, or infected with, such disease, and every such person shall submit to such examination and permit such specimens of blood or bodily discharges to be taken for laboratory examinations as may be necessary to establish the presence or absence of such disease or infection, provided, that the required examination shall be made by the health officer, or, at the option of the person to be examined, by a licensed physician who, in the opinion of the health officer, is qualified for this work and is approved by him, and such licensed physician making such examination shall report thereon to the board of health, health department or health officer, but shall not issue a certificate of freedom from venereal disease to or for the person examined. Such suspected person may apply to a magistrate for an order restraining such examination and no examination shall then be made except upon order of such magistrate. Before such examination each suspected person shall be informed of this right and be given an opportunity to avail himself or herself thereof.