N.Y. Second Class Cities Law § 153: Duty in case of peril to public health

§ 153. Duty in case of peril to public health. In case of great and

imminent peril to the public health of the city, by reason of impending

pestilence, it shall be the duty of the commissioner, with the sanction

of the common council, if it be practicable to convene that body for

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

apportionment, 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 from moneys made

available pursuant to section seventy-six of this chapter or section

29.00 of the local finance law, for the preservation and protection of

the public health, as he may deem necessary and proper. Such peril to

public health shall be deemed to exist only when and for such period as

the commissioner and the board of estimate and apportionment, by

unanimous vote, shall determine.