N.Y. Public Health Law § 370: Certain cities; duty in case of peril to public health

§ 370. Certain cities; duty in case of peril to public health. 1. In

case of great and imminent peril to the public health of the city, it

shall be the duty of the commissioner of health or health officer in

cities having a population of less than one hundred seventy-five

thousand, with the approval and consent of the common council or similar

legislative authority if it be practicable to convene that authority for

prompt action, or if not, when approved by the board of estimate and

apportionment or authority of similar powers, to take such measures and

to do, order or cause to be done such acts and to make such

extraordinary expenditures, in excess of the sum appropriated to the

department of health, as provided by law, for the preservation and

protection of the public health of such city, as he may deem necessary

and proper.

2. Such peril to public health shall be deemed to exist only when and

for such period as the commissioner of health and board of estimate and

apportionment in cities having a population of fifty thousand to one

hundred seventy-five thousand, and in cities having a population of less

than fifty thousand, the health officer and the board of estimate and

apportionment or authority having similar power and the common council

or similar legislative authority in a city having no board of estimate

and apportionment or authority with similar power, shall determine.