Sections 309-13 through 309-18 of this chapter shall be applicable to public nuisances defined in Subsections F and G of § 309-2 of this chapter.
A. 
Generally. Upon the direction of the County Executive or the District Attorney, the County Attorney shall bring and maintain a civil proceeding in the name of the County in the Supreme Court to recover a civil penalty against any person conducting, maintaining or permitting a public nuisance within the scope of §§ 309-13 through 309-18 of this chapter. The amount of any civil penalty awarded in a judgment entered pursuant to §§ 309-13 through 309-18 of this chapter shall be in an amount not to exceed $1,000 for each and every day the public nuisance has been conducted, maintained or permitted. Upon recovery, such penalty shall be paid into the general fund of the County.
B. 
The summons and its service; naming of parties as defendants. The County Attorney shall name as defendants all persons reasonably believed to be conducting, maintaining or permitting a public nuisance within the scope of §§ 309-13 through 309-18 of this chapter. Other persons may be named as defendants pursuant to the rules governing joinder of parties set forth in the Civil Practice Law and Rules. The summons shall be served in the manner provided by the Civil Practice Law and Rules or as otherwise provided by law.
C. 
Scienter. A temporary restraining order shall not be granted nor shall a judgment be entered against a defendant, pursuant to §§ 309-13 through 309-18 of this chapter, unless the court is satisfied that the defendant had knowledge of the nuisance which the defendant conducted, maintained or permitted. The presumption of knowledge provided by Subdivision 1 of § 235.10 of the Penal Law shall be applicable to §§ 309-13 through 309-18 of this chapter.
A. 
Generally. Pending an action pursuant to § 309-14 of this chapter, the court may grant a preliminary injunction enjoining a defendant from making a bulk transfer, as defined in Subsection B of this section. An order granting a preliminary injunction shall direct a trial without undue delay after joinder of issue. A temporary restraining order may be granted by the court, upon proof sufficient to satisfy it, pending a hearing for a preliminary injunction where it appears that a public nuisance within the scope of § 309-13 through 309-18 of this chapter is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of a temporary injunction or a temporary restraining order pursuant to §§ 309-13 through 309-18 of this chapter.
B. 
"Bulk transfer" defined. A "bulk transfer" is any transfer of a major part of the materials, supplies, merchandise or other inventory or equipment of the transferor in the building, erection or place where the public nuisance is being conducted, maintained or permitted that is not in the ordinary course of the transferor's business.
C. 
Enforcement of a preliminary injunction. A preliminary injunction shall be enforced as specified in Subsection B of § 309-6 of this chapter.
D. 
Preliminary injunction; inventory. If the court grants a preliminary injunction, the provisions of Subsection D of § 309-16 of this chapter shall be applicable.
A. 
Generally. If, on a motion for a preliminary injunction pursuant to § 309-15 of this chapter, the County Attorney shall demonstrate that a public nuisance within the scope of § 309-13 through 309-18 of this chapter is being conducted, maintained or permitted, a temporary restraining order may be granted by the court, upon proof sufficient to satisfy it, without notice, restraining the defendants and all persons from making or permitting a bulk transfer, as defined in Subsection B of § 309-15, 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 without undue delay.
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 or as otherwise authorized by law.
C. 
Enforcement of temporary restraining order. A temporary restraining order shall be enforced as specified in Subsection B of § 309-6 of this chapter.
D. 
Inventory upon service of temporary restraining order. Upon service of a temporary restraining order, the Sheriff, as provided in Subsection B of § 309-6, shall forthwith make and return to the court an inventory of personal property situated in and used in conducting, maintaining or permitting a public nuisance within the scope of §§ 309-13 through 309-18 of this chapter and shall enter upon the building, erection or place for such purpose.
When the defendant gives an undertaking in the amount of the civil penalty demanded in the complaint, together with costs, disbursements and the projected actual costs of the prosecution of the action to be determined by the court, upon a motion on notice to the County Attorney, a temporary injunction or a temporary restraining order may be vacated by the court. The provisions of the Civil Practice Law and Rules governing undertakings shall be applicable to this section of this chapter.
A. 
Seizure and destruction of obscene material. A judgment awarding a civil penalty pursuant to this section of the chapter shall direct the Sheriff to seize and remove from the building, erection or place and to forthwith destroy all material found by the court or jury to be obscene as defined in § 235.00 of the Penal Law.
B. 
Enforcement of the judgment for a civil penalty. A judgment awarding a civil penalty shall be enforced by the Sheriff pursuant to the provisions of the Civil Practice Law and Rules.