The following would be no problem if it had more control over how an emergency is declared.
It says the Governor can declare an Emergency.
Makes sense..........
Except...........
Did you know President Obama declared we were in an Emergency Situation already!!!!!
Yes it is true. See the story here.
FROM JUST YESTERDAY!!!!!!
AN ACT RELATIVE TO PANDEMIC AND DISASTER PREPARATION AND RESPONSE IN THE
COMMONWEALTH...............
Section 2A. (a) Upon declaration by the governor that an emergency exists which is detrimental
5 to the public health or upon declaration of a state of emergency under chapter 639 of the acts of
6 1950, as amended, the commissioner may, during such period of emergency, take such action
7 and incur such liabilities as he or she may consider necessary to assure the maintenance of
8 public health and the prevention of disease.................
During either type of declared emergency, a local public health authority as defined in section 1
76 of chapter 111 may exercise authority relative to subparagraphs (1), (2), (3), (4), (6), (7), (13),
77 (14), and (15); and with the approval of the Commissioner may exercise authority relative to
78 subparagraphs (5), (8), (9), (10), and (11): (1) to require the owner or occupier of premises to
79 permit entry into and investigation of the premises;.....................
Section 95. (a) Whenever the commissioner, or a local public health 351 authority within its
352 jurisdiction, determines that there is reasonable cause to believe that a disease or condition
353 dangerous to the public health exists or may exist or that there is an immediate risk of an
354 outbreak of such a disease or condition, and that certain measures are necessary to decrease or
355 eliminate the risk to public health, the commissioner or local public health authority may issue
356 an order. The order may be a verbal order in exigent circumstances, and in such case it shall be
357 followed by a written order as soon as reasonably possible. The written order shall specify the
358 reasons for it, and may include, but is not limited to:
359 (1) requiring the owner or occupier of premises to permit entry into and investigation of the
360 premises;
361 (2) requiring the owner or occupier of premises to close the premises or a specific part of the
362 premises, and allowing reopening of the premises when the danger has ended;
363 (3) requiring the placarding of premises to give notice of an order requiring the closing of the
364 premises;
365 (4) requiring the cleaning or disinfection, or both, of the premises or the thing specified in the
366 order;
367 (5) requiring the destruction of the matter or thing specified in the order.
368 The written order shall be delivered personally to the person to whom it is directed, but if that is
369 not possible, it shall be delivered in a manner that is reasonably calculated to notify such person
370 of it.
371 If a person does not comply with the order, and if the commissioner or the local public health
372 authority determines that noncompliance
poses a serious danger to public health,upon request
373 or issuance of an order by the commissioner or local public health authority, an officer
authorized to serve criminal process may arrest without a warrant any 374 person whom the officer
375 has probable cause to believe has violated such an order and shall use reasonable diligence to
376 enforce such order.
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