A06815 Summary:

BILL NO    A06815 

SAME AS    SAME AS UNI. S04683

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   



Authorizes the justice court of the town of Southampton to grant injunctions
and temporary restraining orders in connection with local land use, building
and fire regulations.
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A06815 Actions:

BILL NO    A06815 

04/06/2015 referred to judiciary
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A06815 Votes:

There are no votes for this bill in this legislative session.
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A06815 Memo:

BILL NUMBER:A6815

TITLE OF BILL:

An act in relation to authorizing the justice court in the town of
Southampton, county of Suffolk to grant injunctions and temporary
restraining orders in connection with local land use, building and
fire regulations

PURPOSE OR GENERAL IDEA OF BILL:

To give the Southampton Town Justice Court the authority to grant
injunctions and temporary restraining orders in connection with local
land use, building and fire regulations.

SUMMARY OF SPECIFIC PROVISIONS:

Authorizes the Justice Court of the Town of Southampton to grant
injunctions and temporary restraining orders in connection with local
land use, building and fire regulations.

JUSTIFICATION:

At this time the Southampton Town Justice Court has the authority to
enforce local land use, fire, and building codes, only by imposing a
criminal penalty of a fine or imprisonment after a trial. In many
cases these violations present cases where there is imminent threat to
life, health, or safety that requires immediate judicial action.
Current law requires that an action for an injunction or for a TRO
must go to the State Supreme Court. State Courts are already
overburdened, and such matters can competently be handled in the
Justice Courts, which already have wide ranging civil and criminal
authority. Justice can be dispensed more efficiently and effectively
by permitting such cases to be heard in the Southampton Town Justice
Court and by giving said court the additional authority to issue
injunctions and TROs. In many cases, equitable relief is a far more
effective enforcement tool than a fine. It should also be pointed out
that other local city and district courts already have this authority.

PRIOR LEGISLATIVE HISTORY:

New Legislation, 2015

EFFECTIVE DATE:

This act shall take effect on the first of the month next succeeding
at least 90 days after it shall have become a law.
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A06815 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 4683                                                  A. 6815

                              2015-2016 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                     April 6, 2015
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment

       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Judiciary

       AN ACT in relation to authorizing the  justice  court  in  the  town  of
         Southampton,  county  of  Suffolk  to  grant injunctions and temporary
         restraining orders in connection with local  land  use,  building  and
         fire regulations

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Notwithstanding any provision of law to the  contrary,  the
    2  justice court of the town of Southampton, county of Suffolk may issue an
    3  injunction or temporary restraining order, where the activity complained
    4  of  has  as its basis a violation of local law or ordinances relating to
    5  land use, building, or fire prevention regulations, upon the  motion  of
    6  the  prosecuting  attorney  in  accordance  with article 63 of the civil
    7  practice law and rules.
    8    S 2. This act shall take  effect  on  the  first  of  the  month  next
    9  succeeding at least 90 days after it shall have become a law.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09961-01-5
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