N.Y. Public Health Law § 2223: Tuberculosis; carelessness of patients; violation and penalty; duty of health officer

§ 2223. Tuberculosis; carelessness of patients; violation and penalty;

duty of health officer. 1. Any person having tuberculosis who shall

dispose of his sputum, saliva or other bodily secretion or excretion so

as to cause offense or danger to any person or persons occupying the

same room or apartment, house, or part of a house, shall on complaint of

any person or persons subjected to such offense or danger, be deemed

guilty of a nuisance and any persons subjected to such a nuisance may

make complaint in person or writing to the health officer of the local

health district where the nuisance complained of is committed.

2. It shall be the duty of the local health officer receiving such

complaint to investigate and if it appears that the nuisance complained

of is such as to cause offense or danger to any person occupying the

same room, apartment, house or part of a house, he shall serve a notice

upon the person so complained of, reciting the alleged cause of offense

or danger and requiring him to dispose of his sputum, saliva or other

bodily secretion or excretion in such a manner as to remove all

reasonable cause of offense or danger.

3. Any person failing or refusing to comply with orders or regulations

of the local health officer requiring him to cease to commit such

nuisance, shall be deemed guilty of a misdemeanor and on conviction

thereof shall be fined not more than ten dollars.